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First responder PTSD comp bill filed in New York


New York lawmakers filed legislation Tuesday that would designate post-traumatic stress disorder as a compensable occupational injury in workers compensation for certain first responders.

Assembly Bill 5135 would create a presumption that PTSD in law enforcement officers and emergency medical services personnel is proximately caused by employment unless it can be proved the diagnosis stems from activities outside of the workplace.

The measure also contains a provision that would require law enforcement officers and emergency medical services workers to submit to a pre-employment mental health screening and also undergo similar screenings as part of their regular medical examinations.

AB 5135 is the second PTSD presumption bill filed in New York since the start of 2023.

In late January, legislators filed Senate Bill 3367, which would recognize PTSD as a presumptive occupational injury for police officers, correction officers, firefighters, emergency medical technicians, paramedics, emergency dispatchers or other medical services personnel.

That bill has since been referred to the Senate Labor Committee.