When you call 911, it’s usually for a traumatic reason. Are you in immediate need of
assistance amidst a medical emergency? Have you been a victim of a crime? Witnessed
one? Were you in a motor vehicle accident? Is your loved one not waking up? You don’t
hesitate- you call 911.
When first responders get to the scene, they are your beacon of hope and relief- help
has arrived. As time passes and you replay the events that unfolded that day, you will always
remember the individuals who reported for duty and came to help. This event will stand out to you because hopefully, you don’t come face to face with emergencies that often.
What if you’re the first responder? What if you wake up and come to work, day after
day, fully anticipating that you will come face to face with traumatic experiences? Maybe you
chase down a domestic assailant and engage in a gun fight; Help catch children leaping from an apartment engulfed in flames; Spend the afternoon hugging an abused minor; Administer CPR on a patient and listen to their last words; Console the mother of an overdose victim. At the end of your shift, you take off your uniform, attend your child’s sporting event, have a family dinner, go to bed and are expected to report to duty again the next day. After a while, the weight of those experiences becomes too heavy to bare. Who provides the emotional relief or treatment to the first responders? Who helps the helpers when they suffer from Post Traumatic Stress Injuries (PTSI) from the job?
Prior to January 1st, 2024, workers’ compensation claims were only available to
employees who suffered a physical injury and if they required psychological counseling as a
result of that injury; it would be compensable as a medical sequela of the underlying physical injury. (A “physical-mental” injury.) When first responders exhibit symptoms of PTSI from all they have witnessed, no “Mental-Only” coverage existed under The Workers Compensation Act- until now.
Effective January 1st, 2024, Connecticut General Statute Sec. 31-294k holds that under
specific qualifying events, workers’ compensation benefits may be available for first
responders suffering from PTSIs. This legislative change highlights a growing emphasis on
prioritizing the mental health of first responders in Connecticut. This also shows a progressive step in recognizing the unsettling trend of self-inflicted injuries and deaths among first responders as a result of untreated PTSI symptoms. Connecticut legislatures saw the call for help and responded in kind.
Connecticut General Statute Sec. 31-294k allows for police officers, fire fighters, EMS
personnel, DOC employees, telecommunicators and health care providers to receive
workers’ compensation benefits if, while in the line of duty, they witnessed a list of “qualifying events.” These events includes, but is not limited to: witnessing a deceased minor; witnessing the death of a person or an incident involving the death of a person; treating an injured person who subsequently dies before or after admission to a hospital; 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, etc.
The statute carves out exceptions for health care providers who witnessed a large
volume of deaths from COVID-19. It even clarifies that dispatchers can “witness” a qualifying
event by listening to the event over the line which would otherwise constitute a qualifying
event. First responders can now file a Workers’ Compensation claim and get sufficient
psychological treatment to help cope with the tragedies and traumas they witness daily.
Depending upon the severity of the PTSI symptoms, the doctor’s recommendations and the
trigger at play, a first responder may need to take time off from work. Provided proper medical documentation is provided, Connecticut General Statute Sec. 31-294k allows for a period of 52 weeks (one year) to psychologically heal from witnessing these traumatic events.
With the passing of this statute, the legislatures rose to the occasion and provided an
avenue for psychological relief for the men and women who serve as the beacon of hope to
their communities. Relief is available, treatment is accessible, and healing is possible.
If you or someone you know is a first responder struggling with PTSI, contact me at
Hoekenga, Machado & Lyon, LLC so we can discuss options, available protections and
possible courses of treatment. You are not alone.
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