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March 17, 2025

PTSD Presumptions Continue to See Activity

PTSD presumptions have seen significant activity over the last several years, with a flurry of bills introduced already in 2025. And so far it appears that more PTSD presumption updates will continue throughout the year.

New York Senate Bill 755 was signed into law in mid-February, restricting mental injury claims to first responders, and essentially backpedaling on legislation passed only months prior. In December of 2024, New York enacted Senate Bill 6635 and Assembly Bill 5745, identical bills that allowed all workers to file claims for mental injuries caused by extraordinary work-related stress.

These previous bills significantly expanded mental injury presumptions, mimicking legislation passed in 2023 in Connecticut, which also granted the presumption to all workers. However, New York Senate Bill 755 now limits coverage to police officers, firefighters, emergency medical technicians, paramedics, emergency dispatchers, and other certified emergency medical personnel. The law also redefines qualifying conditions, covering only mental injuries resulting from a “work-related emergency” rather than general workplace stress.

However, other states may still continue to adjust PTSD presumptions for other occupations. California Senate Bill 632 was introduced and would establish presumptions for PTSD and COVID-19 (including its variants) for hospital workers who provide direct patient care in an acute care hospital. As currently written, the bill would extend rebuttable presumptions for specified time periods after the hospital employee’s termination of employment.

While it remains to be seen if other employees outside of first responders will gain PTSD presumptions, first responders are still seeing momentum. Montana Senate Bill 394 was introduced, which would create a PTSD presumption for first responders, if the PTSD diagnosis arises out of the course and scope of employment.

The bill recognizes first responders as firefighters, law enforcement officers, employees of a county detention center or prison, or any other authorized person who responds to an emergency in a professional capacity.

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