There’s no question that firefighters are among the most valued professionals in California. Many people throughout the state owe their lives and those of their families and animals to them – not to mention their homes and businesses.
As wildfires have become increasingly frequent and vicious, firefighters are working longer hours in tougher conditions than ever. This takes not just a physical toll but an emotional one as well. It’s not surprising that the California Department of Forestry and Fire Protection (Cal Fire) has declared a mental health epidemic among firefighters. Firefighters are suffering post-traumatic stress disorder (PTSD) at alarming rates. Attempted suicides have increased.
What does the law say?
To help firefighters have an easier time getting workers’ compensation for PTSD, California (like a number of other states) changed the workers’ comp law to include a “disputable presumption” that if a firefighter is diagnosed with PTSD, it was work-related. That means their employer or workers’ comp insurer would have to prove that it wasn’t.
The law states that for “certain state and local firefighting personnel and peace officers, the term injury includes post-traumatic stress that develops or manifests during a period in which the injured person is in the service of the department or unit and creates a disputable presumption that the injury arises out of and comes in the course of employment.”
A “total system breakdown”
Recently, there have been some reports in the media about firefighters throughout the state whose PTSD-related claims for workers’ comp were denied. One study found that this amounted to about one-fourth of PTSD claims. This means, of course, that many firefighters aren’t getting the psychological treatment they need unless they can pay for it themselves. Of course, if they can’t work, that’s impossible for many of them.
Therapists say that it can take months or longer to get paid if a firefighter is disputing a denied claim, so they’re hesitant to take on these firefighters as patients. One therapist called the issue a “total system breakdown.”
PTSD and other mental health issues are always more challenging to prove a work correlation for and to get the benefits people are entitled to receive. Firefighters are increasingly seeking legal guidance to expedite the approval of these PTSD-related claims. Until and unless this “total system breakdown” improves, that may be your best chance at getting the compensation and the treatment you need and deserve.
