Effective October 29, 2025, Pennsylvania’s new workers’ compensation law (Senate Bill 365) will make it easier for first responders—police officers, firefighters, paramedics, and EMTs—to receive benefits for post-traumatic stress injuries (PTSI) related to traumatic events on the job.
This is one of the most significant updates to the Pennsylvania Workers’ Compensation Act in recent years. It lowers the legal burden of proof for “mental-mental” injuries—those involving psychological trauma without a physical injury—and offers new protections for the people who serve our communities in crisis.
What Senate Bill 365 Does for First Responders
For years, Pennsylvania first responders who suffered from post-traumatic stress disorder (PTSD) faced a high bar when filing workers’ compensation claims. To qualify, they had to prove that their trauma resulted from an “abnormal working condition.”
That standard often made it impossible for first responders to recover benefits. Courts routinely ruled that even horrific events were “normal” in high-stress jobs like policing, firefighting, or emergency medical services.
Senate Bill 365 changes that by creating a new legal pathway for first responders who develop post-traumatic stress injuries caused by qualifying traumatic events.
The Old Law: “Abnormal Working Condition” Standard
Under previous case law—most notably Payes v. WCAB (Commonwealth of PA State Police)—first responders were often denied benefits because the courts decided that traumatic experiences were “part of the job.”
In Payes, a Pennsylvania State Trooper struck and killed a woman who intentionally jumped in front of his patrol car. Though he suffered severe psychological trauma, courts initially ruled that the incident was not “abnormal” for a police officer. The Pennsylvania Supreme Court eventually reversed the decision, but the case highlighted how difficult it was for first responders to meet this standard.
Senate Bill 365 directly addresses this unfairness.
Who Qualifies as a First Responder Under the New Law
The updated law expands the definition of “first responder” in Section 109 of the Workers’ Compensation Act to include:
- Pennsylvania State Police officers
- Local police and other peace officers who respond to emergencies
- Firefighters (career, municipal, and volunteer)
- Emergency Medical Services (EMS) providers, including EMTs, paramedics, and prehospital nurses
These workers are now specifically covered for post-traumatic stress injuries (PTSI) resulting from a qualifying traumatic event.
What Counts as a Qualifying Traumatic Event
A “qualifying traumatic event” includes incidents or exposures such as:
- Serious bodily injury or death to another person
- Injuries or deaths involving minors
- Immediate threats to life or safety
- Mass casualty incidents
- Responding to or investigating crime scenes
If a first responder develops PTSD after one of these events, the claim no longer needs to prove that the experience was “abnormal.” This shift recognizes that even in high-risk professions, certain experiences can have lasting psychological effects.
How Long Benefits Last and How to File a Claim
Under Section 301(g) of the amended Act:
- Workers’ compensation benefits for PTSD or PTSI are available for up to 104 weeks (two years).
- The condition must be diagnosed by a licensed psychologist or psychiatrist in Pennsylvania.
- Claims must be filed within three years of the diagnosis.
- The traumatic event that caused the injury can have occurred within five years before the law takes effect—meaning incidents as far back as October 29, 2020 may qualify.
Benefits may include wage-loss payments and full coverage for reasonable and necessary medical treatment related to the diagnosed injury.
Why This Change Matters
For decades, Pennsylvania’s workers’ compensation system treated mental injuries differently from physical ones. First responders had to meet an almost impossible legal burden to prove their trauma was “abnormal.”
By removing that requirement, Senate Bill 365 acknowledges the unique mental health challenges faced by those who protect and serve.
A police officer responding to a mass shooting, a firefighter pulling victims from a deadly fire, or a paramedic treating a fatally injured child now have a clearer and fairer path to receive help.
Unanswered Questions and Practical Considerations
Like any new law, Senate Bill 365 raises practical questions for workers, employers, and insurers alike:
- Will claims based on older traumatic events (before 2025) be covered?
- How should multiple traumatic events be handled over a responder’s career?
- Can a new PTSD claim be filed after a worker has already settled a prior injury claim?
- What documentation should employers or insurers include to properly classify claims under the new law?
Until the courts and the Pennsylvania Department of Labor & Industry issue more guidance, these issues will likely be resolved on a case-by-case basis.
Employers should update medical provider panels to include qualified mental-health professionals. Insurers should prepare to track the 104-week benefit period carefully and issue clear notices when accepting or denying PTSI claims under the new standard.
What First Responders Should Do Now
Although the law doesn’t take effect until October 29, 2025, first responders who have experienced trauma on the job should:
- Document the incident — note the date, time, and nature of the traumatic event.
- Seek treatment early from a licensed psychologist or psychiatrist.
- Notify your employer of any mental health symptoms related to work.
- Consult a workers’ compensation attorney who understands PTSD claims and Pennsylvania’s changing laws.
Early preparation can make it easier to file a valid claim once the law takes effect.
How Our Law Firm Can Help
YCL Law represents injured workers in the Greater Pittsburgh area and throughout Pennsylvania, including first responders suffering from post-traumatic stress injuries caused by traumatic events.
We help clients navigate complex claims, gather medical evidence, and secure the benefits they deserve under the Pennsylvania Workers’ Compensation Act—including the new protections established by Senate Bill 365.
If you are a first responder struggling with PTSD from your service, contact one of our experienced attorneys for a free and confidential consultation about your rights under the new law.