New Pennsylvania Law Allows First Responders To Claim Workers’ Compensation Benefits for Post-Traumatic Stress Injury: What You Need to Know
A bill called the “Workers’ Compensation Act – Compensation For Post-Traumatic Stress Injury” recently became law. Pennsylvania police officers, firefighters, and EMS providers sometimes experience traumatic events in their line of duty. Our Harrisburg workers’ compensation lawyer explains how this new law can allow first responders to claim workers’ compensation benefits if their psychological trauma leads to post-traumatic stress injury (PTSI).
What Was the Previous Law?
Before this new law was enacted, it was much harder for Pennsylvania first responders to claim workers’ compensation benefits when they suffered a mental injury. If a first responder suffered psychological harm as a result of a traumatic event that didn’t physically hurt them, they had to show that the event was an “abnormal working condition”. This meant that the event had to be something that first responders would never expect to see in their line of duty. But if the event could be considered a normal part of the job, the first responder would be unable to claim workers’ compensation benefits. This was the case even if a first responder was traumatized by something that was very disturbing, but “part of the job”, like witnessing a shooting or providing medical treatment to dying children.
What Does the New Law Say?
The law defines “first responders” as meaning:
- Emergency medical service (EMS) providers
- Firefighters
- Police officers
- Peace officers (game wardens, PA National Guard members on active emergency duty, etc.)
It then states that the first responder must have experienced a “qualifying traumatic event” as part of doing their job. An incident is a “qualifying traumatic event” if it meets one or more of the following criteria:
- Someone died or suffered serious bodily injury
- A minor was injured, killed, abused, or exploited
- Someone’s life was in immediate danger (can include the first responder)
- There were mass casualties
- The first responder was responding to investigate a crime scene
Notably, being disciplined, transferred, evaluated, or terminated from a job does not count as a qualifying traumatic event for the purposes of workers’ compensation. (However, if you believe that you were wrongfully terminated or disciplined, our Harrisburg labor and employment lawyer may be able to help.)
Finally, in order for the first responder to be eligible for benefits:
- The traumatic event must have happened on or after October 29, 2020 (up to 5 years before the law took effect)
- The first responder must have been diagnosed with PTSI by a psychologist or psychiatrist licensed in PA, and file their workers’ compensation claim within 3 years of getting that diagnosis
- The first responder can file even after leaving the job at which they were traumatized
- Benefits can only be awarded for a maximum duration of 2 years (104 weeks)
Suffering from Post-Traumatic Stress Injury As a First Responder? Contact Our Experienced Harrisburg Workers’ Compensation Lawyer
At Ira H. Weinstock, P.C., we’ve spent decades helping first responders get the workers’ compensation benefits they deserve for injuries sustained while serving our community. Our Harrisburg workers’ compensation lawyer has extensive experience dealing with workers’ compensation claims. If you’re a first responder and you’re suffering from post-traumatic stress injury as a result of your work, our office is here to help. Reach out and call or contact us online to request a consultation today.
Source:
palegis.us/statutes/unconsolidated/law-information/view-statute?txtType=HTM&SessYr=2024&ActNum=0121
