State Statute Description

Alabama Title 25 If your injury is mental, such as post-traumatic stress disorder or chronic anxiety disorder, your claim may be denied. Only mental injuries and mental disorders which were produced or proximately caused by a physical injury are compensable in Alabama.

Alaska https://labor.alaska.gov/wc/wc-brochure.pdf Alaska law only allows claims for mental-stress injury as long as it is “extraordinary and unusual.” Mental injuries are covered in specific circumstances, but not if the mental injury results from a disciplinary action, work evaluation, job transfer, layoff, demotion, termination, or similar action taken in good faith by the employer.

Arizona 23-901 By special statute, a “mental injury, illness or condition” is not covered “unless some unexpected, unusual or extraordinary stress related to the employment or some physical injury related to the employment was a substantial contributing cause of the injury, illness or condition,” A.R.S. § 23-1043.01(B).

Arkansas 11-9-113 In Arkansas, to successfully claim a mental injury or illness for workers’ compensation benefits, you must prove that the injury was the result of a work-related physical injury. Employees cannot claim a mental illness for observing another person being seriously or fatally injured while working – they must face a physical injury themselves. Arkansas also mandates that an employee cannot receive compensation for their mental illness unless they are examined and diagnosed by a licensed psychiatrist or psychologist. Additionally, if you want to prove that your stress or anxiety qualifies you for workers’ compensation benefits, those conditions must meet requirements set in the latest issue of Diagnostic and Statistical Manual of Mental Disorders (DSM).

California Cal. Labor Code § 3208.3 (2018) In workers compensation cases, a psychiatric injury is a mental disorder that is determined to be at least 50% caused by work. It requires medical treatment or causes disability. Generally, an employee with a psychiatric injury must: have worked for the employer for six months or longer. In addition, first responders in California were granted further rights when Gov. Gavin Newsom signed Senate Bill 542 in October 2019. This law creates a rebuttable presumption that a worker’s mental health struggles are an occupational injury, which could qualify them for paid time off to recover.

Colorado 2018 Colorado Worker’s Comp Act There is specific law in Colorado governing when a mental claim, i.e. anxiety, depression, etc., without a physical injury constitutes a compensable injury. For a stand-alone mental injury to exist, there must be “a psychologically traumatic event that is generally outside of a worker’s usual experience and would evoke significant symptoms of distress in a worker in similar circumstances.” C.R.S 8-41-301(2)(a). Colorado law further clarifies that a workers’ usual experience includes disciplinary action, work evaluations, job transfers, lay-off, demotion, promotion, termination, or retirement. A claim for a mental injury cannot be based in part on facts that are common to all fields of employment.

Connecticut CT Workers’ Compensation Act 2019 While Connecticut’s workers’ compensation law provides benefits for mental or emotional impairments that stem from a work-related physical injury, it limits benefits for those arising from a mental or emotional injury (“mental-mental”) injuries to: 1) police officers who use, or are the target of, deadly force in the line of duty, and 2) firefighters who are diagnosed with posttraumatic stress disorder (PTSD) caused by witnessing another firefighter die in the line of duty.

Delaware House Bill 313 Delaware recognizes a compensable mental injury absent any physical trauma. PTSD is covered as a personal injury as long as it is related to the occupation that the employee was engaged in, or if the person was deployed in a combat zone in the National Guard or the military or its reserves during the appropriate time period.

Florida Section 112.1815(5)(a), Florida Statutes Florida law states that a mental or nervous injury caused by stress, fright, or excitement is not considered a workplace injury. The only exception is when a physical injury also accompanies a mental injury. A special provision in Florida workers’ compensation law allows first responders to be compensated for a mental or nervous injury “occurring as a manifestation of a compensable injury” so long as they demonstrate their injury through clear and convincing evidence. For a mental or nervous injury arising out of the employment that is not accompanied by any physical injury, only medical benefits are available. Payment for lost wages may not be made unless a physical injury accompanies the mental or nervous injury. Benefits for a first responder are not subject to any limitation on temporary benefits or the 1-percent limitation on permanent psychiatric impairment benefits. In addition, Senate Bill 376 now allows first responders to receive indemnity (wage loss) benefits for PTSD and other mental-only injuries, regardless of whether or not there was a physical injury, in certain circumstances. This law went into effect on October 1, 2018.

Georgia Georgia Code § 34-9-280 In Georgia, it is required by law that workers first have a physical injury before they are eligible to receive benefits for a psychological injury, as psychological symptoms without bodily injury are not compensable under Georgia workers’ compensation laws.

Hawaii Hawaii Code 386 Mental injuries are only covered in very specific circumstances. If the mental stress results solely from disciplinary action taken in good faith by your employer, your claim will be denied. If an employee suffers personal injury either by accident arising out of and in the course of the employment or by disease proximately caused by or resulting from the nature of the employment, the employee’s employer or the special compensation fund shall pay compensation to the employee or the employee’s dependents. Accident arising out of and in the course of the employment includes the willful act of a third person directed against an employee because of the employee’s employment. No compensation shall be allowed for an injury incurred by an employee by the employee’s willful intention to injure oneself or another by actively engaging in any unprovoked non-work related physical altercation other than in self-defense, or by the employee’s intoxication. A claim for mental stress resulting solely from disciplinary action taken in good faith by the employer shall not be allowed.

Idaho TITLE 72 An injured worker in Idaho must suffer a physical injury for a psychological condition like PTSD, depression, or anxiety to be compensable under a workers’ compensation claim. Idaho Code Section 72-451 reads: “Psychological injuries, disorders or conditions shall not be compensated under this title, unless… caused by accident and physical injury…” However, this is an exception for first responders. In the 2019 Idaho legislative session, lawmakers passed a bill making PTSD in first responders coverable by workman’s compensation. They only need to show “clear and convincing” evidence of a psychological injury for worker’s compensation to cover their treatment.

Illinois 820 ILCS 305 Under certain circumstances, an injured worker can obtain Illinois workers’ compensation benefits for purely psychological injuries. These “mental-mental” cases occur when an injured worker sustains psychological injuries as a result of non-physical work-related factors. There are two types of these cases: 1) where the employee suffers a sudden, severe emotional shock traceable to a specific incident, or 2) where the employee develops a psychological injury after a series of work-related events.

Indiana Indiana General Assembly Code Psychological injuries/mental stress Injuries are potentially compensable in Indiana if: 1) A physical injury caused by psychological trauma is potentially compensable assuming that the stimulus or stress arises out of and in the course of employment. 2) Where there has been a physical worker’s compensation injury and the injured worker’s disability is prolonged or impairment is increased by accompanying psychological dysfunction, the full extent of disability and impairment may be compensable. 3) Preexisting psychological shortcomings and weaknesses of the injured worker which are aggravated or precipitated by physical injury and trauma may be found to be compensable to the full extent of the aggravation of the pre-existing psychological dysfunction.



Iowa 2018 Brochure Mental/mental injuries are recognized. But in order to be compensable under Iowa law, the work condition and circumstances lead­ing to the mental condition must exceed that which is typically experienced by peers in that same profession. PTSD may be compensable without any physical injury to the body under these circumstances.

Kansas 2018 Practice Guide In Kansas, psychological injuries must be associated with a physical injury. In other words, you can claim injuries like stress, anxiety, and/or depression from a physical injury or a physical change caused by factors at work. Depression, stress, and anxiety alone are not covered by workers’ compensation.

Kentucky KRS Chapter 342 PTSD workers comp claims are available for first responders only.

Louisiana Title 23 of the L.S.A.-R.S. §1307 The law covers both mental and physical injuries from either accidents or occupational diseases. However, a mental injury must be the result of a physical injury or of a sudden, unexpected and

extraordinary stress related to the employment—and, in either case, must be proved by clear and convincing evidence. As in other states though, there is an exception for first responders. Senator Gatti’s bill SB107 was signed by Governor John Bel Edwards and went into effect on August 1st, 2019. The bill adds PTSD to the list of compensable presumptions under workers’ comp for first responders (state police, emergency medical personnel, volunteer firefighters, sheriff and sheriff’s deputies). The presumption may only be rebutted by clear and convincing evidence.

Maine Title 39-A Mental injuries caused by mental stress may be covered so long as it can be proven that it was work-related. A mental injury resulting from work-related stress does not arise out of and in the course of employment unless it is demonstrated by clear and convincing evidence that:

(1) The work stress was extraordinary and unusual in comparison to pressures and tensions experienced by the average employee; and

(2) The work stress, and not some other source of stress, was the predominant cause of the mental injury.

Maryland Title 14 Maryland law does not explicitly cover mental injuries, but there have been cases where the Maryland Court of Appeals determined that PTSD was a compensable occupational disease.

Massachusetts Chapter 152 Under Massachusetts law, workers are eligible for compensation for mental or emotional disabilities such as PTSD if the workplace incident or a work-related physical injury was the contributing cause.

Michigan Section 418.101 In Michigan, a psychological injury caused by events that occurred while on the job may be considered a valid work injury, compensable by workers’ compensation benefits if proven to be as a result of an injury occured.

Minnesota MN Dept of Labor PTSD is specifically addressed in the statute. If an employee is diagnosed with PTSD by a licensed physician or psychologist and the employee meets the Diagnostic and Statistical Manual of Mental Disorders criteria, the claim is covered by workers’ compensation benefits. This is the only type of mental/mental claim recognized in Minnesota. If PTSD is diagnosed as arising from a physical injury, that would be compensable in Minnesota as a physical/mental claim. For injuries occurring after January 1, 2019, it will be a presumption that PTSD in first responders is compensable under workers’ compensation, absent preexisting history and limited statutory exceptions. PTSD claimed due to job performance issues, such as demotions and layoffs, is not compensable.

Mississippi 71-3-3 For purposes of a mental or psychological injury, the employee must prove by clear and convincing evidence that the mental injury resulted from something “more than the ordinary incidents of employment.” A direct physical impact is not required so long as the mental injury is directly linked to an untoward event or unusual occurrence which is incident to employment.

Missouri Title XVIII Under Missouri law, a mental injury is compensable only if it is demonstrated by the employee that the stress causing the mental injury is work related and was “extraordinary and unusual.”

Montana TITLE 39 Montana Code Annotated (MCA) 39-71-105 states that stress claims, often referred to as “mental-mental claims” and “mental-physical claims”, are not compensable under Montana’s workers’ compensation and occupational disease laws.

Nebraska Chapter 48 Mental/mental injuries are not compensable in Nebraska, so a diagnosis of PTSD without any physical injury would typically not be covered. If there is a physical injury to the body and PTSD is a condition that is a result of that injury, it could be compensable as a physical/mental injury. However, first responders are an exception. PTSD could be compensable as a mental/mental injury for first responders who are exposed to extraordinary and un­usual stimuli in comparison to normal conditions of their employment.

Nevada NRS 616C.180 NRS 616C.180 governs workers’ compensation for injury or disease caused by stress, including PTSD. There are two important features of this statute. First, it explicitly exempts from coverage any condition “caused by any gradual mental stimulus.” This precludes workers’ comp claims for certain types of anxiety-related conditions. Second, the statute defines when a stress-related claim is compensable. To qualify for benefits, the condition must meet these factors: 1)The employee has a mental injury caused by extreme stress in time of danger; 2) The primary cause of the injury was an event that arose out of and during the course of employment; 3) The stress was not caused by a layoff, termination, or any disciplinary action. In June 2019, Governor Steve Sisolak signed Assembly Bill 492 into law which expanded protections for first responders.

New Hampshire CHAPTER 281-A “Injury” or “personal injury” shall not include diseases or death resulting from stress without physical manifestation. “Injury” or “personal injury” shall not include a mental injury if it results from any disciplinary action, work evaluation, job transfer, layoff, demotion, termination, or any similar action, taken in good faith by an employer. The exception is for first responders. On July 17, 2019, Governor Sununu signed into law Senate Bill 59. The definitional section of the statute, 281-A:2,XI was amended to state that “‘Injury’ or ‘personal injury’ shall not include diseases or death resulting from stress without physical manifestation, except that, if an employee meets the definition of an ‘emergency response/public safety worker’ under RSA 281-A:2, V-c, the terms ‘injury’ or ‘personal injury’ shall also include acute stress disorder and post-traumatic stress disorder.”

New Jersey Title 34, Chapter 15, Articles 1 to 10 In the psychiatric claim that arises from a traumatic incident to the petitioner (physical-mental) there must be objective evidence to support an expert opinion of psychiatric disability. The mere “parroting” of the petitioner’s subjective statement of disability by the psychiatric expert cannot support an award of disability. However, there need not be a physical manifestation “observable” and “measurable” to support such a claim. “A professional psychiatric judgment might rest upon (1) analysis of the subjective statement of the patient; (2) observations of physical manifestations of the symptoms related to the subjective statement of the patient and/or (3) observations of manifestations of physical symptoms and analyses of descriptions of states of mind beyond those related in a patient’s subject treatment.” When a psychiatric claim is alleged to have occurred as the result of gradual stressful work-related stimuli (mental-mental) there must be objective verifiable evidence. The proffered evidence must show that the employer created stressful conditions peculiar to the work place which justifies the medical opinion that there were material causes to the alleged disability. The perception of the petitioner is not sufficient.

New Mexico Title 11 – Chapter 4 Some mental injuries are covered, but not where the injury arises from an event in connection with disciplinary, corrective or job evaluation action, or employment termination. In April 2019, Gov. Michelle Lujan Grisham signed a bill to extend the rights of New Mexico first responders. House Bill 324 recognizes PTSD as a health condition firefighters may get in the course of their duty. Under the old law, PTSD was not recognized as a job-related illness. Now, firefighters diagnosed with PTSD qualify for benefits like workers compensation.

New York 329.3 While it is generally accepted that a mental injury precipitated solely by psychic trauma may be compensable in workers’ compensation, psychological injuries only qualify for workers’ compensation benefits in New York if they arise from abnormal stress and unprotected employer actions.

North Carolina CHAPTER 97 State law does not currently cover PTSD. However, a newly filed bill looks to provide workers’ compensation benefits for first responders suffering post-traumatic stress disorder.

North Dakota 65-01-02 A mental or psychological condition caused by a physical injury may be covered, but only when the physical injury is determined with reasonable medical certainty to be at least fifty percent of the cause of the condition as compared with all other contributing causes combined, and only when the condition did not pre-exist the work injury. This does not include a mental injury arising from mental stimulus.

Ohio House Bill 80 The Bureau of Workers’ Compensation (BWC) has introduced House Bill 80. If passed, the measure would make several changes to Ohio’s BWC law that would expand workers’ comp benefits for mental or emotional impairment caused by PTSD for first responders, even when there is no physical injury. Currently, however, Ohio doesn’t recognize workers’ compensation claims for mental injury or mental disease caused solely by job-related stress unaccompanied by physical injury or occupational disease.

Oklahoma Title 85 “Compensable injury” shall not include mental injury that does not arise directly as a result of a compensable physical injury, except in the case of rape or other crime of violence which arises out of and in the course of employment.

Oregon 656.802 Any mental disorder, whether sudden or gradual in onset, which requires medical services or results in physical or mental disability or death is covered under state workers’ compensation law, as is any series of traumatic events or occurrences which requires medical services or results in physical disability or death. “Mental disorder” includes any physical disorder caused or worsened by mental stress. The worker must prove that employment conditions were the major contributing cause of the disease. In 2019, the Oregon Legislature and Governor also passed a bill that made presumptions on the compensability of post-traumatic stress disorder suffered by first responders.

Pennsylvania House Bill 432 Under Pennsylvania law, when PTSD occurs unaccompanied by a physical injury, it is considered as a “mental injury.” To obtain compensation, the worker in Pennsylvania will be required to prove that they sustained their “mental injury” due to an abnormal condition at the workplace. House Bill 452 hopes to allow PTSD claims for first responders.

Rhode Island TITLE 28-34 The disablement of an employee resulting from mental injury caused or accompanied by identifiable physical trauma or from a mental injury caused by emotional stress resulting from a situation of greater dimensions than the day-to-day emotional strain and tension which all employees encounter daily without serious mental injury shall be treated as an injury as defined in § 28-29-2(7).

South Carolina Bill 164 Employees in SC are required to prove that the stress or mental health injury is extraordinary and the result of abnormal working conditions in order to qualify for workers’ compensation benefits.

South Dakota — South Dakota does not cover mental/mental injuries. There must be a physical injury to the body. If an employee sustains a physical injury and claims PTSD as a consequential injury, then it could be compensable.

Tennessee TN Work Comp Law In 2011, the state legislature passed sweeping workers compensation reform deemed more favorable to employers and insurance companies. Gradual onset resulting in cumulative stress, emotional, or mental or injury is no longer covered under the Workers Compensation Act. However, some court rulings have come down in facor of workers. “Mental injury” means a loss of mental faculties or a mental or behavioral disorder where the proximate cause is a compensable physical injury resulting in a permanent disability, or an identifiable work-related event resulting in a sudden or unusual mental stimulus. A mental injury shall not include a psychological or psychiatric response due to the loss of employment or employment opportunities.

Texas Chapter 408 Texas does not require businesses to provide workers comp insurance. Sec. 408.006. MENTAL TRAUMA INJURIES. (a) It is the express intent of the legislature that nothing in this subtitle shall be construed to limit or expand recovery in cases of mental trauma injuries. Notwithstanding Section 504.019, a mental or emotional injury that arises principally from a legitimate personnel action, including a transfer, promotion, demotion, or termination, is not a compensable injury under this subtitle. For first responders, however, some compensation for work-related PTSD may be available. Post-traumatic stress disorder suffered by a first responder is a compensable injury in Texas only if it is based on a diagnosis that: 1) the disorder is caused by an event occurring in the course and scope of the first responder’s employment; and 2) the preponderance of the evidence indicates that the event was a substantial contributing factor of the disorder.

Utah Title 34A Mental stress claims are allowed without a physical injury only when there is extraordinary mental stress from a sudden stimulus arising out of and in the course and scope of employment. Mental stress claims are not allowed if the basis for the claim is good faith employer personnel actions.

Vermont Title 21 Chapter 9 Vermont workers’ compensation law is clear that psychological injuries that arise out of and in the course of employment are just as compensable as physical injuries. In the case of police officers, rescue or ambulance workers, or firefighters, post-traumatic stress disorder that is diagnosed by a mental health professional shall be presumed to have been incurred during service in the line of duty and shall be compensable, unless it is shown by a preponderance of the evidence that the post-traumatic stress disorder was caused by nonservice-connected risk factors or nonservice-connected exposure.

Virginia 65.2-101 Workers’ compensation doesn’t just apply to physical injuries. Workers who can’t emotionally do their job are also entitled to Virginia worker’s compensation benefits. This includes PTSD cases.

Washington 51.08.142 Workers’ compensation claims for mental stress are only allowed in Washington State if the stress resulted from a single, traumatic event. Washington State law excludes mental health conditions or disabilities that are caused by stress from coverage as occupational diseases. A 2019 law passed in Washington State now means that first responders can file a successful PTSD claim for the effects of cumulative trauma. The old law did not allow PTSD claims which were based on cumulative psychological trauma that occured over time and combine to cause severe mental problems. The old law is still in effect for all occupations in Washington State, except first responders.

West Virginia Title 85 As a general principal in West Virginia, a claimant is precluded from receiving workers’ compensation benefits for a mental injury with no physical cause.

Wisconsin Chapter 102 Mental claims are specifically included in Wis. Stats. Sec. 102.01(2)(c), but mental-mental claims are difficult to establish in Wisconsin. The applicant must prove that his or her job produced “extraordinary stress” as compared to similarly situated persons.