Pennsylvania Eases First Responder PTSD Workers’ Compensation Claims with New Law

Act 121 removes the “abnormal working condition” barrier, introducing clear standards and timely access to workers’ compensation in Pennsylvania for first responders suffering a post-traumatic stress injury.

First responders risk their lives every day, often bearing emotional and mental wounds that are not readily visible. Pennsylvania’s Act 121—a bipartisan law signed by Governor Shapiro late last year—recognizes this reality. Starting October 29, 2025, the law will make it significantly easier for first responders with a post traumatic stress injury (PTSI), commonly known as PTSD, to obtain workers’ compensation. The act eliminates the outdated “abnormal working condition” test that long stood between them and the care they deserve.

What’s Changed for First Responder PTSD Workers’ Compensation Claims

Under the prior law, first responders had to prove their mental injury stemmed from an “abnormal working condition”—a high bar considering the inherently traumatic nature of their jobs. Act 121 removes this requirement, stipulating that “a post traumatic stress injury suffered by a first responder shall NOT be required to be the result of an abnormal working condition to be a compensable injury.” This marks a pivotal shift in recognizing PTSI as a legitimate workplace injury for first responders and deserving of fair access to workers’ compensation benefits.

Who Qualifies as a First Responder

Pennsylvania Act 121 precisely defines who is a “first responder” to ensure clarity and fairness. Eligible individuals include:

• EMS providers (volunteer or employed), designated or dispatched by a public safety authority
• Fire company members (active volunteer or employed) responding to emergency calls
• Pennsylvania State Police officers
• Peace officers responding to emergency calls

Defining a “Qualifying Traumatic Event”

To file a PTSI worker’s compensation claim as a first responder, an individual must have experienced an incident or exposure while on duty of:

1. Resulting in serious bodily injury or death to an individual
2. Injury, death, abuse, or exploitation of a minor
3. Immediate threat to life (self or others)
4. Mass casualty incidents
5. Crime scene responses

These clear criteria help standardize claim evaluations and focus on significant trauma—not everyday stress.

Procedural Criteria and Limits for First Responder PTSD Workers' Compensation Claims

Pennsylvania Act 121 includes important parameters to guide the workers’ compensation claims process for first responders with PTSI:

• Diagnosis must come from a licensed psychologist or psychiatrist.
• Claims must be filed within three years of the PTSI diagnosis and
• The traumatic event must have occurred no more than five years before the law’s effective date (post–October 29, 2025).
• Benefits are available during the period of PTSI but no more than 104 weeks—or a maximum benefit up to two years of wage replacement and treatment.
• Injuries stemming from employment actions—discipline, performance reviews, transfers, termination—are explicitly excluded.

Why PA Act 121 Matters—And What Should First Responders Expect

This new Pennsylvania law reflects growing acknowledgment that first responders’ mental health deserves equal protection to their physical health. By standardizing eligibility and removing subjective hurdles, Act 121 provides a smoother path for first responders to receive much needed worker’s compensation when diagnosed a post-traumatic stress injury. If you are a first responder suffering a PTSI (or PTSD), consult an attorney like Mitch Dugan who possesses deep experience in workers’ compensation law. It especially important given these new changes under Act 121.

We’re Here to Help

If you or someone you love is a first responder experiencing PTSD (or work related PTSI), Dugan & Associates is here to guide you. Our dedicated team has decades of experience helping injured workers throughout Southwestern Pennsylvania. We know how to navigate the complexities of the workers’ compensation system in Pennsylvania to maximize and expedite the benefits you deserve.

Contact us today by completing the form below or calling us at 412-353-3572. At Dugan & Associates, we pride ourselves on getting results for you. Let us put our experience to work, always fighting for the check you deserve.