WORKERS'COMPENSATION
First Responders’ PTSD Benefits: What’s New and What’s Not by Richard E. Chait and Mark A. Touby
While our nation struggles to deal with the realization that psychiatric injuries can be just as disabling as physical injuries, Florida has taken an important step forward by allowing first responders to claim lost wages as well as receive medical treatment for some mental injuries. In the course of their jobs, first responders often experience gruesome scenes that can result in psychological trauma. Florida law, specifically §112.1815, Fla. Stat., provides for medical care for all psychological conditions suffered by first responders that result from witnessing these shocking scenes while performing their duties. While the workers’ compensation system generally allows for psychiatric injuries to be compensable when accompanied by a physical injury, this law does not require that the first responder suffer a physical injury in conjunction with the traumatizing experience.1 However, if the traumatic experience caused the first responder to miss time from work, the first responder previously was not eligible for indemnity benefits (payment for lost wages). As the result of recent legislation that amends §112.1815 (effective October 1, 2018), first responders who are diagnosed with PTSD will now be eligible to receive indemnity benefits under the newly created subsection (5). Nevertheless, there are some limitations under this new law. The exception to the physical injury requirement for compensability of a mental or nervous condition applies only to first responders. “First responder” is defined in §112.1815(1) as follows: 42 | November/December 2018 | www.FloridaJusticeAssociation.org
“…a law enforcement officer as defined in s. 943.10, a firefighter as defined in s. 633.102, or an emergency medical technician or paramedic as defined in s. 401.23 employed by state or local government. A volunteer law enforcement officer, firefighter, or emergency medical technician or paramedic engaged by the state or a local government is also considered a first responder of the state or local government for purposes of this section.” To be eligible for indemnity benefits, the first responder must: (1) be diagnosed with PTSD by an authorized treating psychiatrist; and (2) suffer from PTSD as a result of experiencing one of the events specifically listed in the statute. The newly created indemnity benefit under §112.1815 applies only to the psychiatric diagnosis of PTSD, as diagnosed by an authorized physician. As such, absent a diagnosis of PTSD, first responders diagnosed with depression, anxiety disorder or other psychiatric ailments common in work related injuries will not be eligible for indemnity benefits under this section. The first responder’s PTSD must result from experiencing one of the events specifically listed in the statute while acting in the course and scope of employment. The list of 11 triggering events includes witnessing the death of a minor, and/or witnessing any
