First responders encounter continuous occupational exposure to acute trauma and stress. Law enforcement, firefighters, 911 operators, emergency room staff, doctors, nurses, and so many more have direct trauma from the workplace which can eventually become a burden. It is essential that first responders injured on the job, either mentally or physically, understand their rights. Every state has their own laws for first responders—much as they do for any employee—but until recently, few would allow PTSD claims for an event a first responder witnesses on the job.
Mental-Mental and PTSD
A “mental-mental” injury occurs when an injured worker sustains psychological injuries secondary to non-physical work-related elements. Either the employee suffers an unexpected, extreme emotional shock that one attributes to an event, or the employee acquires emotional damage after work connected events. Connecticut formerly compensated these injuries; however, legal revisions have restricted the policy. Since the 2012 Sandy Hook Elementary School mass killings, Connecticut covers PTSD for police officers,but they must have been subjected to deadly force.Along the same vein, firefighters in Connecticut can make a workers’ comp claim for PTSD if they witness the death of a colleague or fellow firefighter as part of it. These special circumstances were of no help to the Sandy Hook group and none of them received coverage under workers’ compensation. That is an unacceptable and sad injustice.
PTSD Health Related Issues
Another thing to consider is how much PTSD can affect our physical health. Mental health issues can cause physical issues much like physical issues can affect a person’s mental state. PTSD can and does have a negative effect on physical health and causes headaches, nausea, extreme fatigue, and ulcers. To illustrate, people diagnosed with PTSD almost always have the comorbid condition of depression. Depression causes significant changes in your body. You might experience headaches, chest pain, back pain, muscle and joint pain, stomach issues, digestive problems, exhaustion, fatigue, sleeping issues, changes in weight, and dizziness. And that is to just name a few. A sizable percentage of these patients will seek treatment in the primary care setting and utilize more medical care than others.
The Gap in Workers’ Comp Coverage
Workers’ compensation law is highly difficult to change and is in a constant state of flux. If there is a special circumstance involved, it is not overly difficult to win compensation for emotional injury. The problem is so many states only recognize and cover emotional injury if it is directly tied to a physical injury. This is unfortunate and unfair, as mental trauma can be far more serious than a physical injury. Yet so many states are like Georgia and refuse to recognize these significant mental injuries sustained by first responders. Lawmakers are too slow to expand the law and first responders with PTSD deserve more protection.
As a first responder, if you suffer from PTSD because of an incident that took place of your employment, you need to know your rights. Contact a workers’ comp lawyer for the best chance to get what you deserve.