A new bill in Kentucky aims to expand workers’ compensation for first responders dealing with post-traumatic stress disorder (PTSD) and other mental health issues. This legislation, introduced in the Kentucky General Assembly, is a significant shift from the existing rules that typically exclude psychological injuries unless they are linked to physical harm.
House Bill 1228 targets police officers, firefighters, emergency medical personnel, front-line state workers, and Kentucky National Guard members. It establishes a presumption that PTSD resulting from job-related trauma is compensable, even if there is no physical injury involved. This means that if a first responder is diagnosed with PTSD within three years after leaving active duty, their condition is presumed to be work-related, as long as a qualified mental health professional confirms the diagnosis.
The bill changes Kentucky Revised Statutes § 342.0011 and introduces a new section under Chapter 342. It allows mental injuries to be considered valid claims for designated first responders without the need for accompanying physical harm. Additionally, the burden of proof shifts to employers, who must demonstrate that the PTSD was caused by factors unrelated to the job.
To qualify for compensation, the stressor must be deemed "extraordinary and unusual" compared to what an average worker experiences. It must also be shown that the event directly caused the mental injury. Notably, the bill protects employers from liability concerning routine administrative actions, such as disciplinary measures or job evaluations, as long as these actions were made in good faith.
Another key aspect of the bill is that only the last employer to expose a worker to harmful stress will be liable for compensation. This provision aims to simplify disputes about who is financially responsible for claims.
If passed, this legislation could significantly change how Kentucky’s insurers assess and manage claims related to mental health injuries. It could lead to an increase in claims from first responders, impacting how insurers handle reserves, claims duration, and potential litigation. The bill does not impose a cap on benefits for psychological injuries, meaning that permanent disability awards could be available if PTSD prevents a worker from returning to their duties.
This proposal reflects a growing recognition of the mental health challenges faced by first responders and could pave the way for more comprehensive support for those who serve on the front lines.