WC/PSYCH. TRAUMA-RELATED INJURIES.

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View NCGA Bill Details2021
House Bill 492 (Public) Filed Monday, April 5, 2021
AN ACT PROVIDING THAT LAW ENFORCEMENT OFFICERS, FIREFIGHTERS, 911 DISPATCHERS, AND EMERGENCY MANAGEMENT SERVICES PERSONNEL ARE ENTITLED TO WORKERS' COMPENSATION BENEFITS FOR PSYCHOLOGICAL TRAUMA UNDER SPECIFIED CIRCUMSTANCES.
Intro. by White, K. Baker, Cunningham.

Status: Ref To Com On Rules and Operations of the Senate (Senate action) (May 10 2021)

SOG comments (1):

Long title change

House committee substitute to the 1st edition changed the long title. Original title was AN ACT PROVIDING THAT LAW ENFORCEMENT OFFICERS, FIREFIGHTERS, 911 DISPATCHERS, AND EMERGENCY MANAGEMENT SERVICES PERSONNEL ARE ENTITLED TO WORKERS' COMPENSATION BENEFITS FOR PSYCHOLOGICAL TRAUMA WHETHER OR NOT SUCH INJURIES ARE ACCOMPANIED BY PHYSICAL INJURIES UNDER SPECIFIED CIRCUMSTANCES.

H 492

Bill Summaries:

  • Summary date: May 5 2021 - View Summary

    House committee substitute to the 1st edition makes the following changes. Amends GS 97-53 to provide that posttraumatic stress disorder is a compensable occupational disease if the first responder is examined and subsequently diagnosed with such disorder by a healthcare provider who establishes within a reasonable degree of medical certainty that the posttraumatic stress disorder is caused by activities of employment as a first responder (was, compensable occupational disease that arises out of employment as a first responder and arises out of injuries that are characteristic of and peculiar to a particular trade occupation, process, or employment if the specified conditions were met; also previously, required the disorder to be demonstrated by a preponderance of medical evidence demonstrated by a licensed psychiatrist or licensed psychologist). Makes additional technical changes. Amends the act's long title.


  • Summary date: Apr 5 2021 - View Summary

    Amends GS 97-53 to add the following applicable when determining eligibility of a first responder to get workers' compensation benefits under Article 1 of GS Chapter 97. Defines first responder to mean a law enforcement officer, a firefighter, a 911 dispatcher, or an emergency medical technician or paramedic employed by the State or a local government; also includes a volunteer firefighter meeting the specified requirements. Makes posttraumatic stress disorder suffered by a first responder without any other injury a compensable occupational disease that arises out of employment as a first responder and arises out of injuries that are characteristic of and peculiar to a particular trade, occupation, process, or employment if (1) the posttraumatic stress disorder is a result of the first responder acting within the course of his or her employment and (2) the first responder is examined and subsequently diagnosed with the disorder by a licensed psychiatrist or licensed psychologist who establishes within a reasonable degree of medical certainty that the disorder is a result of employment activities. Requires the disorder to be demonstrated by a preponderance of medical evidence demonstrated by a licensed psychiatrist or licensed psychologist. Requires first responder employing agencies to provide training related to mental health awareness, prevention, mitigation, and treatment. Effective July 1, 2021.