Insight

SC First Responders, PTSD and Workers' Compensation

SC First Responders, PTSD and Workers' Compensation

Kenneth W. Harrell

Kenneth W. Harrell

October 15, 2019 02:47 PM

Emergency responders in South Carolina suffered another setback this year as the South Carolina legislature rejected a bill that would have expressly made workers’ compensation benefits available to first responders diagnosed with post-traumatic stress disorder.

Michael Ackerman, a former Charleston County Sheriff’s deputy who was shot in the line of duty and lost his partner in the same shootout in 2014, has been working relentlessly to get legislation passed to ensure workers’ comp coverage for emergency responders who suffer from PTSD. The bill, known as S-429, has been introduced repeatedly since 2015.

First responders face life-or-death issues while doing their jobs. It should come as no surprise then that PTSD is more commonly diagnosed among first responders than in the general population.

A 2018 report from the U.S. Substance Abuse and Mental Health Services Administration (SAMHSA) says that 30 percent of first responders develop behavioral health conditions including depression and post-traumatic stress disorder (PTSD), as compared with 20 percent in the general population. Firefighters are more likely to attempt or contemplate suicide, and between 125 and 300 police officers commit suicide every year.

“First responders are usually the first on the scene to face challenging, dangerous and draining situations. They are also the first to reach out to disaster survivors and provide emotional and physical support to them. These duties, although essential to the entire community, are strenuous to first responders and with time put them at an increased risk of trauma,” SAMHSA health researchers said.

South Carolina Workers’ Compensation Law

Under South Carolina workers’ compensation insurance program, a worker who has suffered job-related injuries is supposed to be able to obtain payments to cover all medical expenses and long-term benefits for a permanent disability, as well as a portion of lost earnings.

South Carolina’s current workers’ compensation law says that for stress, mental injuries and mental illness suffered due to job conditions “unaccompanied by physical injury” to warrant medical benefits, the conditions that caused the injury must be shown to have been “extraordinary and unusual in comparison to the normal conditions of the particular employment.”

Ackerman said he had sought counseling because of lingering mental health issues related to the shootout that wounded him and took his partner’s life.

“Besides the physical injuries, I have been dealing with some very severe emotional injuries,” he said. “In October 2014, I was in a very dark place mentally and emotionally. It was at that point that I realized I need specialized help. I needed to see someone who understood the nature of law enforcement, and what we go through every day. So, I began looking and asking around, and notified my workers’ comp case manager I needed to see someone. I found a doctor who specializes in first responder trauma and made an appointment.

“A few days after my first appointment, I was notified by my case manager that the appointment would not be covered.”

Ackerman told PoliceOne that, with the assistance of a workers’ compensation lawyer, he was able to obtain payment for his mental health treatment because he also had a physical injury.

“However, if you develop PTSD because of an on-the-job incident and were not physically injured, workers’ comp will NOT cover you for the PTSD,” he said.

The proposed legislation would eliminate the requirement that emergency responders establish that “extraordinary and unusual” conditions occurred for PTSD to be covered as a compensable workers’ compensation injury for emergency responders.

“Senate Bill S-429 basically changes a couple of words in the state workers’ compensation law so that all first responders would be able to claim PTSD, if they are diagnosed as having PTSD by a licensed medical professional, as a compensable injury under workers’ comp if the PTSD was related to any incident on the job,” Ackerman told PoliceOne.com.

Is PTSD an Occupational Disease?

Post-traumatic stress disorder is a mental health condition caused by experiencing or witnessing a terrifying event, according to the Mayo Clinic. Common PTSD-triggering events include military combat, terrorist attacks, fires, natural disasters, plane crashes, car crashes, assaults, robberies, and other extreme or life-threatening events.

A variety of personal and environmental factors combine to determine whether a traumatic event will result in PTSD. Among the factors the Mayo Clinic says may make someone more likely to develop PTSD are:

  • Having a job that increases the risk of being exposed to traumatic events, such as military personnel and a first responder.
  • Stressful experiences, including the amount and severity of trauma the individual has gone through in their life.
  • Experiencing intense or long-lasting trauma.

The nature of the job means that first responders are exposed to death, injury, grief, pain, and loss and face direct threats to their personal safety, the SAMHSA report said.

People with PTSD may suffer from overwhelming anxiety, flashbacks, nightmares and uncontrollable thoughts about the event. If PTSD lingers without effective treatment, the inability to escape the anxiety and fear can lead to depression and self-harm.

What Medical Issues Does South Carolina Workers’ Compensation Cover?

The South Carolina Workers’ Compensation Act provides that, if an employee suffers injury by accident in the course of employment, that individual is entitled to recover medical expenses, compensation for lost work time, and permanent disability benefits if he/she suffered any permanent injury as a result of the work accident.

The S.C. Workers’ Compensation Commission describes medical treatment an injured worker is entitled as “all necessary medical treatment that is likely to lessen your disability. Workers' compensation generally pays for surgery, hospitalization, medical supplies, prosthetic devices, and prescriptions.”

Section 42-1-160(B) of the Workers’ Comp Act says “stress, mental injuries, and mental illness arising out of and in the course of employment unaccompanied by physical injury and resulting in mental illness or injury are not considered a personal injury unless the employee establishes, by a preponderance of the evidence:


“(1) that the employee's employment conditions causing the stress, mental injury, or mental illness were extraordinary and unusual in comparison to the normal conditions of the particular employment; and

“(2) the medical causation between the stress, mental injury, or mental illness, and the stressful employment conditions by medical evidence.”

Even with language on the books requiring “extraordinary and unusual” circumstances, most injured emergency responders should be able to obtain workers’ comp assistance for treatment of PTSD.

For example, in many police, sheriff’s and fire departments, particularly those serving rural areas of South Carolina, a traumatic experience that caused PTSD symptoms would be extraordinary and unusual. A Washington Post database of police shootings shows 12 shootings across South Carolina in all of 2018, so they are still unusual events.

Only about a quarter (27%) of all police officers say they have ever fired their service weapon while on the job, according to a Pew Research Center survey conducted by the National Police Research Platform. Pew cautions that the fact that an officer has fired their service weapon while on duty should not be interpreted to mean that the officer shot someone.

The population size of the area where a police officer works also is associated with the probability that an officer will have fired his or her weapon while on duty, Pew says. While 23% of officers in communities with fewer than 400,000 residents have discharged their gun, 30% of officers in areas with populations of 400,000 or more said they had done so.

In other occupations, a traumatic event that caused work-related PTSD would be even more extraordinary or unusual. It might be something rare like an unplanned explosion on a job site or witnessing a co-worker’s gruesome injury or being backed over by a work truck.

Making a Case for Workers’ Comp After a PTSD Diagnosis

Our workers’ compensation attorneys at Joye Law Firm would seek to convince the S.C. Workers’ Compensation Commission that an injured emergency responder’s claim for medical benefits including mental health counseling and therapy was entirely justified after a work-related accident.

To obtain workers’ comp benefits, the injured worker would be required to have a medical diagnosis of post-traumatic stress disorder. While some may still dismiss mental illness injuries, including claims of PTSD symptoms, most medical professionals know this attitude is wrong. And though an injured worker receiving workers’ comp benefits must see the doctor provided by their employer, the injured worker is not prohibited from obtaining a second opinion, which could be used as evidence in an appeal.

As we develop a client’s claim or prepare the appeal of a denied claim, our workers’ comp lawyers would seek to review incident reports from the first responder’s department to establish the incident that precipitated PTSD and compare it to other service calls. We believe it is very likely that a single unusual or extraordinary incident would stand out.

Each case involving PTSD has unique factors. In many instances, we believe that a strong case for benefits may be presented. Despite failure to adopt the bill to make PTSD-related workers’ comp for first responders easier to obtain, Joye Law Firm is ready to help injured first responders who suffer from work-related PTSD seek all the benefits available under South Carolina law.

Related Articles

IN PARTNERSHIP

Proving Negligence in a South Carolina Personal Injury Case


by Wyche

In South Carolina, as in other states, there are specific elements of negligence that must be established for a successful personal injury claim.

How to Prove Negligence in a South Carolina Personal Injury

IN PARTNERSHIP

Important Information for Pennsylvania Injured Workers


by James B. Mogul

Lawyer James B. Mogul of Lowenthal & Abrams, P.C. is offering important information to Pennsylvania workers who are facing workers' compensation cases.

Important Information for Pennsylvania Injured Workers

Announcing the 2022 Best Lawyers: The Employment Law Issue


by Best Lawyers

Featuring the top legal talent from The Best Lawyers in America, Best Lawyers: Ones to Watch in America and “Lawyer of the Year” recipients for Labor and Employment Law, Workers’ Compensation Law, ERISA Law and Ethics and Professional Responsibility Law.

Best Lawyers Employment Law Publication

Bizarre Murdaugh Case Spotlights State-Based System for Regulating Lawyers


by John Ettorre

The drama surrounding the Murdaugh family case out of a small-town South Carolina court spotlights the need for better system regulations.

Murdaugh Case Spotlights Small-town Court

One Reason Why Uber Is Fighting to Classify Drivers as Contractors


by Stephen Hasner

How Workers' Compensation Is Setting Up a Legal Battle

 Why Uber Wants Drivers as Contractors

Teamwork and Strategy


by Justin Smulison

In 2018, Block O'Toole & Murphy continued to secure multimillion-dollar results for injured victims and workers.

Block O'Toole & Murphy Gets Results

Pennsylvania Supreme Court Issues Landmark Workers’ Compensation Decision


by Dave Brown

The claimants’ workers’ compensation bar in Pennsylvania scored a significant victory when the state’s high court issued its decision in Protz v. WCAB.

Pennsylvania Workers' Comp

The Workers’ Compensation System as a Prescription for Addiction


by Karen Gail Treece

While estimates vary, it is believed that the top 5 percent of opioid users likely account for more than half of total opioid use.

Prescription for Addiction

Colorado Broadens Scope of Workers’ Comp, but There’s More to Be Done


by Nick Fogel

When the law goes into effect in July, Colorado will join 32 other states in allowing PTSD claims for first responders without a physical component to the claim.

Colorado Workers' Compensation

Key Minnesota Workers’ Compensation Cases of 2017


by Thomas P. Kieselbach

A rundown of important workers' compensation cases in Minnesota over the past year.

Minnesota Workers' Compensation

Trending Articles

2025 Best Lawyers Awards Announced: Honoring Outstanding Legal Professionals Across the U.S.


by Jennifer Verta

Introducing the 31st edition of The Best Lawyers in America and the fifth edition of Best Lawyers: Ones to Watch in America.

Digital map of the United States illuminated by numerous bright lights

Unveiling the 2025 Best Lawyers Awards Canada: Celebrating Legal Excellence


by Jennifer Verta

Presenting the 19th edition of The Best Lawyers in Canada and the 4th edition of Best Lawyers: Ones to Watch in Canada.

Digital map of Canadathis on illuminated by numerous bright lights

Legal Distinction on Display: 15th Edition of The Best Lawyers in France™


by Best Lawyers

The industry’s best lawyers and firms working in France are revealed in the newly released, comprehensive the 15th Edition of The Best Lawyers in France™.

French flag in front of country's outline

Presenting the 2025 Best Lawyers Editions in Chile, Colombia, Peru and Puerto Rico


by Jennifer Verta

Celebrating top legal professionals in South America and the Caribbean.

Flags of Puerto Rico, Chile, Colombia, and Peru, representing countries featured in the Best Lawyers

Announcing the 13th Edition of Best Lawyers Rankings in the United Kingdom


by Best Lawyers

Best Lawyers is proud to announce the newest edition of legal rankings in the United Kingdom, marking the 13th consecutive edition of awards in the country.

British flag in front of country's outline

Unveiling the 2025 Best Lawyers Editions in Brazil, Mexico, Portugal and South Africa


by Jennifer Verta

Best Lawyers celebrates the finest in law, reaffirming its commitment to the global legal community.

Flags of Brazil, Mexico, Portugal and South Africa, representing Best Lawyers countries

Prop 36 California 2024: California’s Path to Stricter Sentencing and Criminal Justice Reform


by Jennifer Verta

Explore how Prop 36 could shape California's sentencing laws and justice reform.

Illustrated Hands Breaking Chains Against a Bright Red Background

Announcing the 16th Edition of the Best Lawyers in Germany Rankings


by Best Lawyers

Best Lawyers announces the 16th edition of The Best Lawyers in Germany™, featuring a unique set of rankings that highlights Germany's top legal talent.

German flag in front of country's outline

Celebrating Excellence in Law: 11th Edition of Best Lawyers in Italy™


by Best Lawyers

Best Lawyers announces the 11th edition of The Best Lawyers in Italy™, which features an elite list of awards showcasing Italy's current legal talent.

Italian flag in front of country's outline

Tampa Appeals Court ‘Sends Clear Message,” Ensuring School Tax Referendum Stays on Ballot


by Gregory Sirico

Hillsborough County's tax referendum is back on the 2024 ballot, promising $177 million for schools and empowering residents to decide the future of education.

Graduation cap in air surrounded by pencils and money

Find the Best Lawyers for Your Needs


by Jennifer Verta

Discover how Best Lawyers simplifies the attorney search process.

A focused woman with dark hair wearing a green top and beige blazer, working on a tablet in a dimly

Key Developments and Trends in U.S. Commercial Litigation


by Justin Smulison

Whether it's multibillion-dollar water cleanliness verdicts or college athletes vying for the right to compensation, the state of litigation remains strong.

Basketball sits in front of stacks of money

Woman on a Mission


by Rebecca Blackwell

Baker Botts partner and intellectual property chair Christa Brown-Sanford discusses how she juggles work, personal life, being a mentor and leadership duties.

Woman in green dress crossing her arms and posing for headshot

Best Lawyers Celebrates Women in the Law: Ninth Edition


by Alliccia Odeyemi

Released in both print and digital form, Best Lawyers Ninth Edition of Women in the Law features stories of inspiring leadership and timely legal issues.

Lawyer in green dress stands with hands on table and cityscape in background

The Human Cost


by Justin Smulison

2 new EU laws aim to reshape global business by enforcing ethical supply chains, focusing on human rights and sustainability

Worker wearing hat stands in field carrying equipemtn

Beyond the Billables


by Michele M. Jochner

In a recently conducted, comprehensive study, data reveals a plethora of hidden realities that parents working full-time in the legal industry face every day.

Women in business attire pushing stroller takes a phone call