Pennsylvania Act 2024-121 — WORKERS' COMPENSATION ACT - COMPENSATION FOR POST-TRAUMATIC STRESS INJURY

Act text

Session of 2024

No. 2024-121

SB 365

AN ACT

Amending the act of June 2, 1915 (P.L.736, No.338), entitled "An act defining the liability of an employer to pay damages for injuries received by an employe in the course of employment; establishing an elective schedule of compensation; providing procedure for the determination of liability and compensation thereunder; and prescribing penalties," in interpretation and definitions, further providing for definitions; and, in liability and compensation, providing for compensation for post-traumatic stress injury.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. Section 109 of the act of June 2, 1915 (P.L.736, No.338), known as the Workers' Compensation Act, is amended by adding definitions to read:

Section 109. In addition to the definitions set forth in this article, the following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

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"First responder" means any of the following public servants:

(1) An emergency medical services provider or EMS provider, as defined in 35 Pa.C.S. § 8103 (relating to definitions), who is an active volunteer, employe or member of an EMS company that is:

(i) designated by a municipality as the municipality's primary EMS provider; or

(ii) dispatched by a public safety answering point as defined in 35 Pa.C.S. § 5302 (relating to definitions) or in accordance with a mutual aid agreement under 35 Pa.C.S. § 7504 (relating to coordination, assistance and mutual aid).

(2) An active volunteer, employe or member of a fire company as defined in 35 Pa.C.S. § 7802 (relating to definitions) who responds to emergency calls.

(3) A Pennsylvania State Police officer.

(4) A peace officer as defined in 18 Pa.C.S. § 501 (relating to definitions) who responds to emergency calls.

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"Post-traumatic stress injury" shall have the meaning given in 35 Pa.C.S. § 75A01 (relating to definitions).

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"Qualifying traumatic event" means an incident or exposure:

(1) resulting in serious bodily injury or death to an individual;

(2) involving a minor who has been injured, killed, abused or exploited;

(3) involving an immediate threat to the life of the claimant or another individual;

(4) involving mass casualties; or

(5) responding to crime scenes for investigations.

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Section 2. Section 301 of the act is amended by adding a subsection to read:

Section 301. * * *

(g) (1) A claim for a post-traumatic stress injury suffered by a first responder shall establish that the injury was the result of the individual undergoing a qualifying traumatic event and was sustained in the course and scope of the individual's employment as a first responder. A post-traumatic stress injury suffered by a first responder shall not be required to be the result of an abnormal working condition to be a compensable injury under this act.

(2) Workers' compensation benefits for a post-traumatic stress injury suffered by an individual under paragraph (1) shall be available during the period of the post-traumatic stress injury, but not for a period of more than one hundred four weeks.

(3) A post-traumatic stress injury suffered by an individual under paragraph (1) shall be based on assessment and diagnosis by a licensed psychologist or psychiatrist under the laws and regulations of this Commonwealth.

(4) A claim for a post-traumatic stress injury must be filed no later than three years after the date of a diagnosis under paragraph (3) and the injury shall not have occurred more than five years before the effective date of this paragraph.

(5) When a post-traumatic stress injury is diagnosed after the last date of employment, paragraph (1) shall not be construed to prohibit a claim against the employer of the claimant at the time of the exposure to the qualifying traumatic event which caused the injury.

(6) For purposes of this subsection, a post-traumatic stress injury suffered as a result of a disciplinary action, job or performance evaluation, job transfers or employment termination shall not be compensable.

(7) All terms and conditions specified under this act and not specifically addressed under this subsection shall remain in full force and effect and shall apply to benefits provided under this subsection.

Section 3. The amendment or addition of sections 109 and 301(g) of the act shall apply to claims filed on or after the effective date of this section.

Section 4. This act shall take effect in one year.

APPROVED--The 29th day of October, A.D. 2024.

JOSH SHAPIRO