In a bi-partisan effort, both Pennsylvania legislative houses and the Pennsylvania Governor have come together to lower the burden of proof for our Commonwealth’s first responders, when those men and women have witnessed a traumatizing rescue scene and from that, have gone on to suffer diagnosed mental health compromise. In signing Senate Bill 365 into law on October 29, 2024, Governor Shapiro approved the definition of a first responder and what is required by a first responder asserting a post-traumatic stress injury. Previously, first responders adhered to the burden of proof associated with mental/mental claims, requiring proof of an abnormal working condition. Senate Bill 365 amends the Pennsylvania Workers’ Compensation Act for first responders asserting a post-traumatic stress injury, stating, “A post-traumatic stress injury suffered by a first responder shall not be required to be a result of an abnormal working condition to be a compensable injury under this Act.”
Senate Bill 365 provides specific definitions for a first responder, requiring the employee to be an EMS provider, active volunteer employee, or member of a fire company who responds to emergency calls, a Pennsylvania State Police officer, or a peace officer who responds to emergency calls.
Additionally, first responders must be involved in a qualifying traumatic event, requiring an incident or exposure:
- Resulting in serious bodily injury or death to an individual;
- Involving a minor who has been injured, killed, abused, or exploited;
- Involving an immediate threat to the life of the claimant or another individual;
- Involving mass casualties; or
- Responding to crime scenes for investigations.
In addition, Senate Bill 365 requires the diagnosis of a post-traumatic stress injury to be made by a licensed psychologist or psychiatrist. Furthermore, Senate Bill 365 limits the entitlement to 104 weeks of benefits.
While Senate Bill 365 defines what is required by a first responder alleging a post-traumatic stress injury, the employee still must meet the definitions of a “first responder” and “a qualifying traumatic event.” Employers of first responders will want to assess each case individually by reviewing the definitions set forth by Senate Bill 365 to determine whether the employee qualifies as a first responder involved in a qualifying traumatic event. We recommend consulting with counsel to determine whether Senate Bill 365, which takes effect on October 29, 2025, applies to the factual scenario presented by individual cases. Until that time, first responders still must meet and establish their post traumatic stress was a result of an abnormal working condition.
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