By Phil Yacuboski
Montpelier, VT (WorkersCompensation.com) - Vermont and Texas have made it easier for first responders to obtain workers’ compensation benefits thanks to new laws.
“This is a job related injury and we felt it was the right thing to do,” said Bradley Reed, president of the Professional Firefighters of Vermont.
Prior to this legislation, which also had the support of the Vermont Troopers Association, Vermont did cover some claims. In 2003, a state Supreme Court ruled against a Burlington firefighter who tried to collect workers’ compensation. The court essentially said that the stress experienced by the first responder was part of the job.
“Those that worked in a high stress environment would never be able to recover a claim unless everybody else who experienced the same incident had the same reaction,” Reed said.
The new legislation shifts the burden of proof to the employee, rather than the employer. The bill went into effect July 1.
In Texas, Governor Greg Abbott recently signed a similar bill that allows first responders to be eligible for workers’ comp. Currently, first responders who have a mental illness must pay a large deductible; the new law provides help so they aren’t stuck with the bill. It goes into effect September 1.
The new law is welcome news to Gary Kennedy, a retired Army veteran and a former Midland, Texas police officer who saw firsthand the stress and pressure of the job.
“It’s something I’ve been trying to bring awareness to for years now,” said Kennedy, who is now a pastor and founder of the group HEART (Healing Emotions Above Reason and Thought). The group works with first responders, veterans’ groups and those suffering with PTSD. He said he suffered from it as a police officer.
“They just don’t want to do it because they are too tough and they just don’t want to get out there and ask for help,” he said. “They are afraid in many cases because some of them may think they are weak or they may feel they will lose their job.”
In Pennsylvania, it’s is possible to get workers’ comp for first responders, but it can be difficult.
“The judicial decisions that came down long ago indicated that you have to show an abnormal working condition in order to qualify for any psychological disability under the workers’ comp law,” said Joseph Huttemann, a workers’ compensation attorney with Martin Law in Philadelphia. “In a de facto way, it kind of disqualified first responders because the issue of whether its abnormal working condition or not is dependent on the job. And in the case of a first responder, an abnormal working condition is impossible to prove.”
Huttemann cited a “suicide by police officer” case in Pennsylvania where a suspect threw themselves at a police car.
“That was deemed to be an abnormal working condition even for a police officer,” he said. “It kind of opened the door,” adding that in many cases, it’s really up the judge. “I think that psychological claims are treated as second class citizens because it’s difficult to prove and disprove,” he said.
