2024: PA First Responders Can Now File Workers’ Comp for PTSI
On October 29, 2024, Governor Josh Shapiro signed Senate Bill 365, removing prior standards that made it difficult for first responders to pursue benefits after experiencing work-related psychological trauma. Now, first responders will have the ability to file for workers’ compensation without having to prove an abnormal work environment.
While often associated with veterans, post-traumatic stress injuries (PTSIs) can affect anyone exposed to high-stress conditions or traumatic events — including first responders.
If you have suffered PTSI as a result of your working conditions or job duties, you may be able to pursue a workers’ comp PTSI claim. In this article, we’ll review whether first responders can get PTSI, whether PTSI is considered a disability, and how to begin your workers’ comp claim.
What’s the Difference Between PTSD and PTSI?
Post-traumatic stress injury (PSTI) is another term that is used to describe the same set of symptoms as PTSD. PTSD is technically classified as a mental health condition, which can sometimes carry a stigma.
PTSI, on the other hand, is a term that is being increasingly used in medical and professional communities to emphasize that trauma-related symptoms are an injury rather than a permanent mental illness. This distinction helps reduce the stigma, especially among first responders.
For first responders and workers exposed to high-stress environments, acknowledging PTSI as an “injury” rather than a “disorder” can validate their experiences and encourage them to seek recovery. PTSI can include symptoms like flashbacks, nightmares, and severe anxiety, but the term “injury” better conveys that healing is possible with the right support.
Do First Responders Suffer From PTSI?
Yes, they can. First responders, including police officers, firefighters, paramedics, and emergency personnel, face constant exposure to traumatic events. Many first responders witness violence, accidents, gruesome injuries, and even death as part of their work. Because of this, studies show that first responders are actually at a significantly higher risk of developing PTSIs.
What Is First Responder Syndrome?
First responder syndrome is a term used to describe psychological and physical symptoms commonly seen in emergency workers. These include chronic stress, emotional burnout, and physical ailments stemming from the intense demands of their roles.
Over time, these symptoms can intensify until they mirror PTSI. It’s important to recognize and treat these symptoms before they become more serious, hopefully preventing PTSI from developing.
What Is Secondary PTSI in First Responders?
Secondary PTSI, also known as vicarious trauma, occurs when individuals experience trauma symptoms due to indirect exposure to traumatic events. First responders can develop secondary PTSI from hearing accounts of traumatic incidents or seeing their aftermaths, even if they are not directly involved.
Is PTSI Considered a Work-Related Injury?
In some cases, PTSI can be classified as a work-related injury when the condition results directly from traumatic events an individual has encountered in the workplace. (For PTSI resulting from non-work related incidents, reach out to our personal injury attorneys.)
Many industries expose employees to high-stress or traumatic situations regularly. However, in order to prove PTSI, prior law indicated that the first responder must prove an abnormal work environment, which was not just subjectively specific to them but to the occupation or class as a whole.
Senate Bill 365 (which was passed unanimously in the Senate in early October 2024) goes into effect one year from the date of signing.
Is PTSI a Disability in Pennsylvania?
In Pennsylvania, PTSI is recognized as a mental health disability when it substantially limits an individual’s ability to work and carry out daily tasks. This recognition allows workers suffering from PTSI to receive certain protections under Pennsylvania’s disability and workers’ compensation laws.
Obtaining benefits for PTSI as a standalone condition requires a few steps. To do this, employees must demonstrate that their PTSI impairs their ability to function at work or perform specific tasks. The new legislation requires a licensed psychiatrist or psychologist to verify the diagnosis. Additionally, employers may be required to provide reasonable accommodations for employees with PTSI under the federal Americans with Disabilities Act (ADA).
Does Workers’ Comp Cover PTSI?
Workers’ compensation can cover PTSI if it is proven to be a direct result of workplace conditions or incidents. Your ability to recover a workers’ comp PTSI settlement depends on the details of your case and the severity of your symptoms. Skilled workers’ comp lawyers in Bethlehem can share more information about your particular case.
Can First Responders File PTSI Claims in Pennsylvania?
Yes, first responders in Pennsylvania can file workers’ compensation claims for PTSI, though the process involves meeting certain legal standards. To file a successful PTSI claim, a first responder must generally show that their PTSI resulted from a specific traumatic event or cumulative exposure to trauma in the course of their duties.
Can You Be Compensated for PTSI in Pennsylvania?
Yes, Pennsylvania allows for workers’ comp PTSI settlements if the condition is proven to be a direct result of work-related events or stress. Anyone exposed to traumatic situations on the job may qualify for benefits if they meet specific criteria. Luckily, the newly passed Senate Bill 365 makes the criteria for filing a successful PTSI claim much more clear.
What Is the Average Compensation for PTSI?
A PTSI disability claim in Pennsylvania can vary based on the worker’s average weekly wage, the severity of their symptoms, and how it impacts their ability to work. Workers’ compensation for PTSI generally covers medical expenses, therapy costs, and partial wage replacement if the worker is unable to perform their job.
Weekly wage replacement typically amounts to two-thirds of the worker’s average weekly earnings, though there are maximum limits in place. If PTSI results in total disability, the worker may qualify for long-term benefits under Pennsylvania’s workers’ compensation system.
Work With a Pennsylvania Workers’ Comp Attorney
Ultimately, the total amount of your workers’ comp PTSI settlement depends on the details of your case. Thanks to the new law passed on October 29th, more first responders will likely meet the criteria needed to file a PTSI workers’ comp claim successfully.
Still, proving that PTSI is a work injury can be difficult, which is why working with an attorney who understands workers’ compensation is key.
At Cohen, Feely, Altemose & Rambo, we’re proud to have Alexis Berg-Townsend as a Partner. Alexis is a Certified Workers’ Compensation Specialist, which is incredibly rare — many states have fewer than 100 attorneys with this title. Alexis has extensive experience in representing injured workers, including first responders, as well as handling social security disability and social security supplemental income claims.
How To Prove Workplace PTSI
To support a PTSI claim in Pennsylvania, you must present evidence that your symptoms are a direct result of traumatic work-related events.
Some documentation that can help your case include the following:
- PTSI diagnosis
- Medical records
- Incident reports
- Statements from coworkers or supervisors
- Witnesses
Talking to workers’ comp lawyers in Easton can give you a clearer picture as to which documents would best support your claim.
How Do I Start a PTSI Claim as a First Responder in Pennsylvania?
The first thing you’ll need to do to begin the PTSI claim process is to report your condition to your employer and seek a professional diagnosis. Next, consult with a Pennsylvania workers’ comp firm (like our Allentown workers’ compensation lawyers) who understands first responder cases and will work hard to take care of the people who take care of us.
Are You Due a Workers’ Comp PTSI Settlement?
The effects of PTSI can affect every area of life, including work and family relationships. Luckily, recent changes have helped reduce the stigma surrounding this injury and make help more accessible. Now, individuals who have been affected by work-related PTSI can make a claim for a workers’ comp PTSI settlement.
At Cohen, Feely, Altemose & Rambo, we know how overwhelming it can be to navigate the effects of PTSI. Our workers’ compensation attorneys are here to help first responders access the benefits they’ve always deserved as the heroes of our state. Contact us today for a free consultation to talk about what this new legislation might mean for you.
Sources:
Survey Reveals That Renaming Post-Traumatic Stress ‘Disorder’ to ‘Injury’ Would Reduce Stigma | PMC
House passes O’Mara bill supporting first responders with PTSI | PA House Democrats
Governor Shapiro signs 15 bills into law in Pennsylvania | ABC27
New law will help first responders experiencing PTSD | WTAJ-TV
Accommodations | U.S. Department of Labor
SENATE BILL No. 365 | Pennsylvania General Assembly
Bill Text: PA SB365 | 2023-2024 | LegiScan
The mental health toll of service | NIH
Post-traumatic stress disorder (PTSD) – Symptoms and causes | Mayo Clinic