States continued to consider proposals to expand the acceptance of mental injuries in workers compensation this year, according to a report by the National Council on Compensation Insurance.
The results have been mixed, the report shows.
In an overview of workers compensation-related legislation considered through July 31, mental injuries topped the list of themes, with such injuries suffered by first responders the most common.
According to NCCI’s analysis, seven states considered or are considering legislation to establish coverage for post-traumatic stress disorder and/or other psychological injuries for certain first responders: Hawaii, Illinois, Kentucky, Montana, New York, South Carolina and Texas. The Hawaii, Illinois, New York and South Carolina bills are still pending.
Bills expanding benefits to other classifications of workers failed in two states: North Dakota considered legislation for PTSD coverage for all employees, and legislation in Kentucky would have expanded the definition of injury “to include a psychological, psychiatric, or stress-related change that is not a direct result of a physical injury” and added a rebuttable presumption for PTSD for educators. Similar bills in California and Washington are pending.
Nevada and Tennessee enacted expansions of mental injury presumptions for first responders.
Connecticut, which two years ago expanded mental injury coverage to all workers who witnessed a qualifying event such a death, considered legislation to expand coverage to include witnessing an injury “not resulting in death or loss of a vital body part or function as a qualifying event for post-traumatic stress injuries.” Two measures in the state, one applying only to first responders, failed to gain traction, according to NCCI.
This article was first published in Business Insurance
