PTSD legislation continues to make the news, with many states reviewing legislation over 2025, and in the last few months there have been even more noteworthy developments, highlighting the evolving management of this condition.
New Jersey Assembly Bill 5792 was signed into law, and effective immediately, workers’ comp programs are required to pay for up to 12 hours of confidential counseling when first responders experience certain traumatic incidents.
The bill requires law enforcement officers, firefighters, emergency medical service workers, and 911 dispatchers to receive counseling after certain critical incidents, which are defined as:
- Firing a weapon
- Being involved in an exchange of gun fire
- Receiving a serious bodily injury
- Witnessing certain serious bodily injuries and deaths
- Being involved in certain investigations related to minors.
If a mental health professional determines that the first responder would benefit from additional hours of licensed counseling beyond the initial 12 hours and that the additional hours of licensed counseling are likely to improve the first responder’s condition, the employing agency of the first responder is required to pay for up to an additional 24 hours of licensed counseling.
All of the hours of counseling authorized under the bill are required to be completed within one year after the first responder’s first visit to a mental health professional.
Additionally, the Minnesota Department of Labor and Industry (DLI) released a report evaluating post-traumatic stress disorder (PTSD) claims in the state’s workers’ comp system. The study examined ways to improve experiences and outcomes for employees with work-related PTSD through systemic and regulatory changes.
The study reviewed current Minnesota statutory and case law on work-related PTSD, PTSD claims in the Minnesota workers’ comp system, the results of a public survey and a series of interviews and panel discussions that sought input and policy recommendations from interested stakeholders, evidence-based approached and best practices for PTSD screening, diagnosis and treatment, and programs with effective prevention and high return-to-work outcomes.
At over 200 pages, the report highlights a significant shortage of behavioral health resources, particularly in rural and underserved areas. Current regulations restrict PTSD diagnosis to psychiatrists and doctoral-level psychologists, creating delays in care and limiting access for those in need.
Identifying and tracking PTSD claims can be difficult because of this, as more than half of PTSD claims are originally coded as something else. Furthermore, from 2014-2023, more than 90% of all PTSD claims were initially denied for primary liability, far exceeding the non-COVID-19 claim denial rate, which did not exceed 20%. A significant reason noted for the high denial rate was that for PTSD to be compensable under the law, workers must have a diagnosis from a licensed psychologist or psychiatrist after experiencing at least one month of persistent symptoms.
Researchers found that phased integration, supervisor support, peer support networks and flexibility in duty modification are key components of a successful return-to-work program. Many of these practices are currently included in statewide pilots and organizational return-to-work protocols for first responders in Minnesota. Programs in California and Ontario also provide practical examples of return-to-work programs for peace officers and first responders.
Key recommendations from the report include:
- Expanding the list of qualified providers authorized to diagnose PTSD
- Updating best practices for diagnosis and treatment on a regular basis
- Continue collection and analysis of detailed claims data to inform future policy decisions
- Increasing outreach around vocational rehabilitation services available through DLI for workers with denied PTSD claims
- Improving data quality on the First Report of Injury (FROI) for mental injury claims
- Standardizing the date of injury definition for PTSD, as this can be difficult to determine
- Align early claim timelines to the PTSD diagnosis date, as current statutory timelines written for physical injuries are not compatible with PTSD
- Increase education and enforcement around PTSD denial narratives
And in regards to clinical standards, the Washington Department of Labor and Industries released a draft PTSD Clinical Guideline for the workers’ comp system, which was open to public comment through September 12, 2025.
The guideline is intended to establish best practices for the diagnosis and treatment of PTSD among injured workers. Under existing provider agreements, workers’ comp healthcare providers in Washington must follow established treatment guidelines. The draft PTSD guideline will be presented for discussion at the Industrial Insurance Medical Advisory Committee (IIMAC) meeting on October 23, 2025.
For ongoing coverage of the latest legislation and policy updates impacting workers' comp, visit the Healthesystems Advocacy & Compliance page for our weekly Regulatory Recap.
