Work Injuries Happen

Receiving workers’ comp benefits for PTSD treatment is difficult for first responders to attain. In a 2020 VA General Assembly statute it reversed the result the Commission and Court of Appeals reached in  Hess v. Virginia State Police where the Commission denied a state trooper an award of PTSD because his “occupation expressly entail[ed] investigating violent accident scenes and witnessing graphic events, including severe human injuries and death.” The fact that a police officer or firefighter’s work includes a heightened chance of seeing gruesome sights is no bar to a workers’ compensation award for psychological injury which results from such exposure. On the other hand, the statute limits benefits for psychological injury to only 52 weeks of treatment. Moreover, the Commission has ruled that the 52-week limitation for psychological treatment applies to any psychological injury, i.e., even cases in which the claimant has both a physical and psychological injury.

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Since the 1970s, the law has provided a presumption that such a disease in a first responder arose from the responder’s work. The presumption shifts the burden of proof to the employer to show that something other than work caused the disease. This presumption makes it easier for a firefighter or police officer to claim workers’ compensation as a result of these diseases.

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In 1994, the General Assembly expanded the statutory presumption to include “Leukemia or pancreatic, prostate, rectal, or throat cancer” experienced by a volunteer or salaried firefighter. However, the presumption was available only to a firefighter with 12 years of continuous service who could prove contact with a toxic substance known to cause cancer.

In 2020, the General Assembly made significant changes to the cancer presumption. The legislature both reduced the continuous-service requirement to five years and removed the provision requiring proof of contact with a toxic substance. Lawmakers also expanded the presumption to cover colon, brain, and testicular cancer. If you or a loved one is a first responder who has been diagnosed with one of these cancers, please do not hesitate to call HammondTownsend to schedule a free case evaluation.

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In 2021 a provision was added that made it easier for a limited class of employees (including: firefighters, emergency medical services personnel, and law-enforcement officers) who contracted COVID-19 to receive workers’ compensation benefits. There are several challenges in providing evidence to gain the legal presumption so legal counsel is recommended. These new provisions became effective on July 1, 2021 are retroactive from July 1, 2020, through June 30, 2021, and extend through December 30, 2021. Read more about COVID-19 and workers’ comp legislation.

If you are a first responder who contracted COVID-19, don’t delay in filing your claim with the Virginia Workers’ Compensation Commission. There is a 2-year statute of limitations in order to file workers’ compensation. Act now before your timeline expires. To ensure you receive the benefits you deserve to the fullest, contact HammondTownsend for a free case evaluation.

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