PTSD Now a Compensable Condition in Connecticut—But Only if You’re a First Responder

This Wednesday (July 10, 2019), Connecticut Governor Ned Lamont, flanked by a group of first responders and state legislators, signed into law a new provision [S.B. 164, enrolled as Public Law 19-17] that provides workers’ compensation benefits to police officers, parole officers, and firefighters who experience post-traumatic stress disorder (PTSD) after witnessing or being professionally involved in any of six specified types of traumatic events. During the ceremony, Governor Lamont said, “Modern scientific research is showing the immense impact that mental health issues can have on a person, and our statutes should reflect that” [emphasis added]. When the Governor said “person,” apparently he didn’t really mean “person”; he meant “a person who also is a police officer, parole officer, or a firefighter.” Persons in Connecticut, other than those who are employed in one of these three favored professional groups, must continue to deal on their own with the mental health issues that arise from employment-related non-physical trauma.

Six Types of Traumatic Events Covered

The provision, which is effective retroactively to July 1, 2019, provides benefits for first responders who experience one of six types of events:

• Viewing a deceased minor;
• Witnessing the death of a person or an incident involving the death of a person;
• Witnessing an injury to a person who subsequently dies before or upon admission at a hospital as a result of the injury and not as a result of any other intervening cause;
• Having physical contact with and treating an injured person who subsequently dies before or upon admission at a hospital as a result of the injury and not as a result of any other intervening cause;
• Carrying an injured person who subsequently dies under circumstances noted above; or
• Witnessing a traumatic physical injury that results in the loss of a vital body part or a vital body function that results in permanent disfigurement of the victim.

Legislation Said to Be Response to Sandy Hook Elementary School Shootings

Most news reports indicate the impetus for the legislation was the horrific fatal shooting on December 14, 2012 of 20 children and 6 adults at Sandy Hook Elementary School in Newtown, Connecticut. Although it took almost seven years for the legislation to move its way successfully through the state legislature, the final vote was unanimous in the General Assembly.

Weighing Mental Health Injuries on Separate Scale from Physical Injuries Over—Really?

After the signing ceremony, one state senator was quoted by news reports as stressing, “For too long, public policy has put mental health treatment on the back burner, and it has weighed mental health injuries on a separate scale from physical injuries. Those days have come to an end.” What she meant, of course, is that those days have come to an end if you are a police officer, parole officer, or a firefighter. If you are a Connecticut teacher or school administrator who is traumatized by a Sandy Hook-like event, there are still two sets of scale, of course.

Connecticut Follows Florida Pattern

The Florida legislation follows the pattern established in Florida last year. On March 27, 2018, responding to the Parkland School shooting and the fatal shootings at the Pulse Nightclub, Florida legislators responded with help—but only, of course, for first responders. Like Connecticut, Florida generally provides no workers’ compensation coverage for mental injuries unless they are associated with physical trauma. The Florida legislature unanimously passed, and Governor Rick Scott signed, special legislation extended PTSD coverage for first responders.

Again, if you’re a Florida teacher, school administrator, or bartender, you’re on your own. If you’re a first responder, someone who has special training in dealing with bad situations, you get coverage see my January 2018 commentary here]. In Kentucky, a similar bill [2019 House Bill 40; see my 1/14/2019 blog post here] suffocated after its introduction in the state house.

I Have Nothing Against First Responders

Rest assured, I have nothing against first responders. In fact, many years ago a close friend, who served Durham as a police officer, committed suicide after unsuccessfully battling a series of traumatic—but not physical—events. The anguish he endured before his death (and the anguish he caused by taking his life) was immense. Note that in North Carolina, unlike in Florida and Connecticut, one need not be a first responder to recover workers’ compensation benefits for a work-related mental injury.

As I have mentioned on earlier occasions, my question to Connecticut, New Jersey, and Florida legislators is why do you exclude benefits to others? Apparently their trauma is less real; it’s less important. Go tell that to the teachers and administrators at a Connecticut elementary school. Go tell that to bartenders and wait-staff at Florida restaurants and bars.