What's happening
This bill presumes PTSD in emergency personnel is work-related and compensable under workers' compensation unless proven otherwise.
Why it matters
Eases access to compensation for emergency workers with PTSD. By presuming PTSD is work-related, the bill shifts the burden of proof away from first responders, making it easier for them to receive workers’ comp benefits without having to prove their mental health condition was caused by their job.
Covers a broad range of emergency personnel. The protections aren’t limited to police and firefighters—they also include EMTs, paramedics, emergency dispatchers, correction officers, and any certified emergency medical responders, acknowledging the mental health risks faced across emergency services.
Limits the window for eligibility. The bill sets a three-year deadline from the last active employment date for a PTSD diagnosis to qualify, which encourages timely identification and treatment of trauma while placing a reasonable limit on claims.
Allows employers/insurers to contest claims with evidence. While the presumption favors workers, employers can still challenge claims if they can prove, by a preponderance of the evidence, that the PTSD was caused by factors unrelated to the person’s emergency service, potentially reducing fraudulent or unrelated claims.
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Who cares
Headline styles
PTSD Benefits for First Responders
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to labor
- Print number 5292a
- Amend (t) and recommit to labor
- Referred to labor
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
PTSD Benefits for First Responders
In Assembly Committee · Labor · Sponsor Felix Ortiz
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5292--A
2019-2020 Regular Sessions
IN SENATE
April 23, 2019
Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when printed to be committed to the Committee on Labor -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the workers' compensation law, in relation to benefits for police officers, correction officers, firefighters, and other emergency personnel diagnosed with PTSD
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 3 of section 10 of the workers' compensation law is amended by adding a new paragraph (c) to read as follows:
(c) Where a police officer, correction officer, firefighter, emergency medical technician, paramedic, emergency dispatcher or other person certified to provide medical care in emergencies is diagnosed by a psychiatrist or psychologist to have post-traumatic stress disorder, it shall be presumed to have been incurred during service in the line of duty and shall be compensable, unless it is shown by a preponderance of the evidence that the post-traumatic stress disorder was caused by nonservice-connected risk factors or nonservice-connected exposure. Such person who is diagnosed with post-traumatic stress disorder within three years of the last active date of employment as a police officer, correction officer, firefighter, emergency medical technician, paramedic, emergency dispatcher or other person certified to provide medical care in emergencies shall be eligible for benefits under this subdivision.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06188-03-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the workers' compensation law, in relation to benefits for police officers, correction officers, fire- fighters, and other emergency personnel diagnosed with PTSD
Purpose or general idea of bill
To ensure that New York's first responders are rightfully compensated for their service, specifically when they suffer from Post-traumatic stress disorder (PTSD) as a result of their duty to the people of New York, this bill adds PTSD to the list of eligible medical conditions for workers' compensation.
Summary of provisions
Section one of the bill amends subdivision 3 of section 10 of the Work- ers' Compensation law by adding a new paragraph (c). The new paragraph explains that a diagnosis of PTSD from a psychologist or psychiatrist to a police officer, correction officer, firefighter, emergency medical technician, paramedic, emergency dispatcher or other person certified to provide medical care in emergencies will be eligible for workers' compensation benefits as long as the diagnosis is within three years from the last active date of employment. The paragraph also details the diagnosis to be presumed a result of service in the line of duty unless it is shown by a preponderance of the evidence that the PTSD was caused by non-service connected risk factors/exposure.
Section two of this bill provides that this act shall take effect imme- diately.
Justification
According to a publication in May 2018 by the Substance Abuse and Mental Health Services Administration, more than 50 percent of fire fighter deaths are from stress or exhaustion in the United States and about 30 percent of firefighters report having depression or PTSD compared to 20 percent of the general population.
In addition, countless studies and research have been conducted and published regarding the increase in reported PTSD by police officers following the 9-11 attacks in NYC.
These are representative trends of almost the entire field of emergency response workers across our country. So, this bill justly adds the diag- nosis of post-traumatic stress disorder to the eligible medical condi- tions for workers' compensation in New York State and prioritizes the mental health of our first responders.
Prior legislative history
New bill
Fiscal implications
TBD
Effective date
The act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.