In one of his final acts before leaving office this January, Gov. Phil Murphy signed the New Jersey First Responders Post-Traumatic Stress Disorder Protection Act. The law provides protections to paid first responders who have been diagnosed with work-related PTSD who take time off for treatment and healing.
Increasingly, states including New Jersey have recognized the emotional injury caused by the type of events that law enforcement officers, firefighters, emergency medical technicians (EMTs), 911 dispatchers and other first responders have to deal with on a regular basis. These can include everything from violent acts to mass casualty accidents and more.
As former Gov. Murphy said when he signed the bill into law, it “recognizes the real and lasting impact that traumatic experiences can have and ensures that first responders are treated with dignity, compassion, and fairness when they need it most.” The Cherry Hill Professional Firefighters unions note on their website, “The Act aims to overcome the culture of stoicism that has discouraged first responders from seeking mental health care.”
Some specifics about the law
The law prohibits employers from retaliating or discriminating against these first responders (including harassing or firing them) for taking a leave of absence due to a “qualifying diagnosis” of PTSD by a mental health professional. Further, they must be allowed to return to their job once they’re cleared to do so by a mental health professional.
The law also allows current and former employees whose employers violate the law to file an action with the Division of Workers’ Compensation. A judge in the DWC can order public employers to provide job reinstatement, back pay, seniority rights, lost benefits and other appropriate remedies. Repeat offenders can also face fines of up to $10,000.
Despite the increasing recognition of the emotional toll that comes with being a first responder, getting workers’ comp for PTSD and other mental health conditions, whether caused by cumulative trauma or a single traumatizing event, can be challenging. Benefitting from legal guidance throughout the process can help these essential employees protect their rights and their well-being.