Workers’ Compensation Benefits for First Responders Part I

April 11, 2018 - 4:02 pm
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Individuals afflicted with PTSD avoid any situation, person, or event that will trigger a memory of the trauma. Inside, they feel numb and devoid of emotion. They try to shut out the feelings and memories while friends and family stand by, feeling helpless and rejected—unsure on how they can help. It only takes one trauma to cause PTSD. Imagine how many first responders experience over their career. As the memories and images run through their head they often feel like the vent is happening all over again. Compensating those who place themselves in harm’s way to help others should not be up for debate. It should be set in stone.

First Responders Mental Health

In a 2017 survey on first responder mental health, it was found that 85% of first responders have experienced symptoms related to mental health issues. 84% have experienced a traumatic event on the job and 34% have received a formal mental health disorder diagnosis. These numbers are staggering because without a physical injury, workers’ compensation will not cover you.

PTSD Workers’ Comp Claims

Many states right now are in the headlines as lawmakers consider legislation to provide workers’ compensation coverage to first responders who develop PTSD from on the job exposure. In early March, The Florida House approved PTSD to be recognized as an “occupational disease” and a compensable injury. In other words, first responders would get both medical coverage and lost wages if they develop PTSD secondary to a job-related situation. This comes after, a deeply depressed Tampa firefighter/paramedic diagnosed with PTSD ended his own life. Firefighters previously were covered by workers’ compensation for physical injuries incurred while at work but not for mental health issues.

As of 2017, Montana was the only state that specifically denies compensability for both “mental-physical” and “mental-mental” injuries. Meaning that claims are denied when a work related mental injury results in a physical injury (such as a heart attack precipitated by a traumatic event at work) and when repeated mental stimuli causes a mental condition (such as witnessing an accident at work repeatedly causing you emotional exhaustion).

Washington state was in the news as recent as last week when they passed a law that allows workers’ compensation for PTSD suffering first responders if certain criteria are met. To qualify for this benefit, workers must have been in the field for ten years before PTSD developed and they must be assessed by a psychologist to rule out any existing injury that may have been present.

Georgia works the same as many other states and do not cover mental damage unless there is also a physical injury. For example, say there was a mass shooting in Pizza Hut. Neither the first responders nor the Pizza Hut employees would receive workers’ compensation coverage for mental conditions that developed secondary to this trauma. Unless, the first responder had also been injured simultaneously.

We will continue our discussion of Workers’ Compensation Benefits for First Responders next week, as we look closely at “Mental-mental” versus PTSD, health conditions that accompany PTSD, and the gap in workers’ comp coverage for first responders.

Join us for Workers’ Compensation Benefits for First Responders Part II next week.

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