New Jersey Assembly Bill 5792 – which would require workers’ comp programs to pay for up to 12 hours of confidential counseling when first responders experience with certain traumatic incidents – has passed both chambers unanimously and now heads to Governor Phil Murphy.
The bill would require 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.
The bill provides that the counseling would be in addition to, and separate from, any benefits already provided by an employer sponsored health plan or a group health insurance trust fund. The bill also permits an eligible first responder to select a mental health professional to provide counseling.
Furthermore, 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.
If the Governor vetoes this bill, the unanimous support would essentially guarantee an override, considering that the New Jersey legislature does not close until January 13, 2026.
