Connecticut lawmakers are mulling several proposals this legislative session regarding workers' compensation. Amid a growing mental health crisis and the unpredictability of Covid surges, legislators are looking to expand workers' compensation eligibility for a number of state residents. Specifically, the bills focus on coverage for mental health (SB321), fast-tracking claims for firefighters (SB313) and emergency dispatchers (HB5251), and notification requirements (SB222) to ensure injured workers are in the know regarding their treatment.
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SB321 – Workers’ Compensation Changes for PTSD Claims
Would provide a presumption allowing for Post-Traumatic Stress Disorder (PTSD) claims for all employees. If passed, the bill would take effect in January of 2023. Currently, claiming PTSD on a workers' compensation claim is only permitted for firefighters, emergency medical services, correctional officers, and certain health providers. However, there is a growing trend due to the pandemic and high levels of employee burnout/increased stress to expand eligibility to the general workforce. A similar proposal in New York is also under consideration, having already passed the Labor Committee in the State Assembly. While this bill would significantly protect worker's mental health and help with employee retention amid the great resignation, opponents to the measure say costs should be further evaluated before moving forward with the proposal.
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SB313 – Workers’ Compensation Eligibility for Firefighters
It is well documented that firefighters assume higher health risks than other occupations. The Center for Disease Control studies shows that the leading cause of death for firefighters is due to cancer. As research continues to demonstrate the increase in health risks of being in firefighting as an occupation, more states are taking action to provide workers' compensation presumptions to them. Although Connecticut already provides some protection for firefighters, the legislature's proposal would allow for a broader array of cancers and diseases to be covered, thus giving firefighters in the state more comprehensive protections if they become seriously ill. However, with any legislation, certain conditions must be met to qualify for these benefits. A firefighter must submit to an annual physical examination and serve for at least five years to become eligible. The bill currently awaits a report from the Office of Legislative Research & Fiscal Analysis.
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SB222 - Workers' Compensation Prescriptions – Notification Changes
This bill is a technical correction to ensure injured workers are notified of changes to their workers' compensation prescriptions. Currently, insurance carriers can discontinue coverage for a prescription without any notification to the injured worker. SB222 changes this current gap to make sure injured workers are promptly notified of any discontinuation of their medication. The bill recently received a favorable report from the Joint Committee on Labor and Public Employees Committee and will likely be considered for further action.
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HB5251 – Workers' Compensation Changes for 911 Dispatchers PTSD
This proposal aims to address benefits for 911 dispatchers who commence the process of emergency services being called. These individuals receive the first call in an urgent situation and must rapidly disseminate the information to the proper authorities. Due to the work environment requirements and the handling of distressed individuals, it is no surprise that 911 dispatchers suffer from mental health effects. A recent study from Northern Illinois University shows that approximately one in five dispatchers suffer from PTSD. HB5251 would provide dispatchers with "portal to portal" workers' compensation coverage, including coverage while traveling from home to work. If passed, this bill would be an exception to current coming and going rules, which in most cases deems travel from home to the workplace as ineligible for benefits. The bill has already received a favorable report from the Labor and Public Employees Committee and is expected for further consideration.
The effects of the pandemic put a spotlight on the workers' compensation field, showing significant gaps in coverage, particularly for occupations that perform emergency services. As research continues to expose the pandemic's toll on the workforce, more workers' compensation proposals can be anticipated from several states. Connecticut's proposed bills align with national trends attempting to bolster workers' compensation protections as the country continues to climb back from Covid. Increased workers' compensation provisions also come amidst the great resignation where retaining workers is more challenging than ever, with emergency services being no exception.