Legal Insights

PTSD Claims Made Easier for First Responders: SB 365 Takes Effect October 29

October 15, 2025
By: Stephen S. Bloomburg

On October 29, 2025, Senate Bill 365, signed into law by Governor Josh Shapiro on October 29, 2024, will go into effect. This amendment to the Pennsylvania Workers’ Compensation Act, which applies only to first responders, is a departure from existing law in that it lowers the burden of proof necessary for a first responder to prove an entitlement to workers’ compensation benefits for a “post-traumatic stress injury.” Previously, first responders were required to prove that they were exposed to an abnormal working condition. With this new amendment to the Act, the first responder now must only demonstrate that they were involved in a “qualifying traumatic event,” defined as one:

1. Resulting in serious bodily injury or death to an individual;
2. Involving a minor who has been injured, killed, abused or exploited;
3. Involving an immediate threat to the life of the Claimant or another individual;
4. Involving mass casualties; or
5. Where the Claimant is responding to crime scenes for investigations. 

This amendment to the Pennsylvania Workers’ Compensation Act applies to “first responders,” consisting of EMS providers, volunteers, employees or members of a fire company, Pennsylvania State Police officers and peace officers who respond to emergency calls.

In order to be compensable, the Claimant must be diagnosed with post-traumatic stress disorder (PTSD) by either a psychologist or a psychologist licensed to practice under the laws of Pennsylvania.

While this lower burden of proof may result in an increased number of compensable PTSD claims brought on behalf of first responders, the amendment limits the liability of employers, insurance carriers, and third-party administrators by capping at no more than 104 weeks the first responder’s entitlement to benefits. Further, any such claim for benefits must be filed within three years from the date the Claimant was diagnosed with PTSD. 

If you receive a claim for benefits filed under the amendment, it is recommended that you consult with defense counsel to confirm that the Claimant does meet the definition of first responder, that they were exposed to a qualifying traumatic event, and that they are in possession of the necessary medical evidence to meet their burden of proof. 

For questions, please contact Stephen S. Bloomburg, Vice-Chair of Post & Schell's Workers' Compensation Department at 412-506-6386 or sbloomburg@postschell.com, or the Post & Schell attorney with whom you normally consult.