A Call for Change in PTSD Laws for First Responders

Florida’s first responders face a number of ongoing challenges when dealing with PTSD. The attorneys at Bichler & Longo, PLLC have put out a call for change in our state with regards to these laws.

If you need help understanding the laws that affect both your work and your home life, keep reading. You can learn more about this topic on Shielded, our podcast that is dedicated to providing thoughtful answers and sharing personal stories on injured first responders who can take advantage of the state’s workers’ compensation system.

Florida’s 2018 Legislative Changes Addressed PTSD

Until state lawmakers passed Senate Bill 376 in 2018, Florida did not have any laws on the books that addressed PTSD for first responders. Under the legislation, police, firefighters, and EMTs are now eligible to receive workers’ compensation benefits for PTSD without an accompanying physical injury.

The bill was signed into law years ago, allowing first responders to cover medical treatment they deserve, but current laws are narrowly crafted with strict limitations. A diagnosis by a psychiatrist and clear and convincing proof are required for eligibility, while benefits are limited to specific qualifying events, such as witnessing death or severe bodily injury.

Gerry Realin’s Case Changed PTSD Law for First Responders

Gerry Realin, an Orlando Police Officer, was diagnosed with PTSD following the 2016 Pulse nightclub shooting. The incident was a catalyst for changing Florida law by allowing first responders to receive workers’ compensation benefits for mental trauma without a required physical injury.

Before Realin’s case, state law did not recognize “pure” PTSD and forced many responders to work while suffering from occupational trauma. Once doctors determined he could no longer return to his chosen occupation, there was no remedy to recover his lost wages.

Reform Is Needed for First Responders Affected with PTSD

In our opinion, the law as it is currently written simply does not work and reform is needed to better support first responders who were affected by PTSD. Despite the law’s best intentions, based on current restrictions, it appears like only a handful of claimants are actually getting lost wages as promised. The statute has been narrowly interpreted, leading to a number of denials due to unqualified events or otherwise missing the restrictive benchmarks.

First responder PTSD cases differ vastly from the typical workers’ compensation claims. There are a number of factors that make these matters unique, and broadening the definition of “qualifying events” is essential. At this point, Floridians have a couple of choices: legislate each individual matter to highlight the law’s shortcomings or go back to state lawmakers and ask for reform.

Let Us Help You Navigate PTSD Laws for First Responders

If you or someone you love has been affected by PTSD, join our attorneys in sending out a call for change in laws for first responders. Police officers, firefighters, and EMTs who are suffering, are not alone. Reach out to Bichler & Longo to discuss your workers’ compensation claim and learn how we would advocate for your rights to lost wages as Florida’s law intended. Let us all work together to do the right thing for our local heroes.