South Carolina House Bill 3261 was introduced, proposing a presumption for first responders to file claims for stress or mental injury unaccompanied by a physical injury, assuming they encounter a significant traumatic experience or situation in the line of duty.
For this bill, a first responder is defined as a law enforcement officer or firefighter employed by state or local government. A volunteer law enforcement officer or firefighter engaged by state or local government is also considered a first responder for this bill.
A first responder who sustains a stress or mental injury on the job without a physical injury shall be concluded to have sustained injury if:
- The employee is medically diagnosed with post-traumatic stress disorder (PTSD) as described in the most recent edition of the Diagnostic and Statistical Manual (DSM) of Mental Disorders arising from the first responder's involvement in a significant traumatic experience in the course his employment
- The first responder is participating in and receiving clinical care through the South Carolina Law Enforcement Assistance Program (SCLEAP), the South Carolina First Responders Assistance and Support Team (SC FAST), or their successor programs
- There is an incapacity to work as determined by the treating physician.
This bill also includes a list of significant traumatic experiences or situations that qualify a first responder for receiving workers’ comp coverage, including:
- Witnessing a deceased minor or the death of a minor
- Witnessing an injury to a minor who subsequently died before or upon arrival at a hospital emergency department
- Participating in the physical treatment of an injured minor who subsequently died before or upon arrival at a hospital emergency department
- Manually transporting an injured minor who subsequently died before or upon arrival at a hospital emergency department
- Seeing for oneself a decedent whose death involved grievous bodily harm
- Witnessing a death, including suicide, that involved grievous bodily harm
- Witnessing a homicide, regardless of whether the homicide was criminal or excusable, including murder; mass killing, which means the killing of three or more individuals in a single incident; voluntary manslaughter; involuntary manslaughter; and self defense
- Witnessing an injury, including an attempted suicide, to a person who subsequently died before or upon arrival at a hospital emergency department if the person was injured with grievous bodily harm
- Participating in the physical treatment of an injury, including an attempted suicide, to a person who subsequently died before or upon arrival at a hospital emergency department if the person was injured with grievous bodily harm
- Manually transporting a person who was injured, including by attempted suicide, and subsequently died before or upon arrival at a hospital emergency department if the person was injured with grievous bodily harm; or
- Using deadly force or being subjected to deadly force in the course of the first responder's employment.