Senate OKs bill adding PTSD to conditions for which first responders are eligible for compensation

The bill was revised to exclude a postraumatic stress disorder diagnosis arising out of disciplinary action and limit an individual’s ability to remain out of work indefinitely if their claim is denied. (Getty)

PROVIDENCE — The Rhode Island Senate on Tuesday voted 32-3 to pass legislation that would extend injured-on-duty benefits for police officers and firefighters diagnosed with post-traumatic stress disorder (PTSD).

The legislation sponsored by Sen. Melissa Murray, a Woonsocket Democrat, adds PTSD — also called PTSI for post-traumatic stress illness — to the list of conditions eligible for workers’ compensation claims, unless it was proven it did not happen while on the job.

“Unfortunately, there’s still a stigma around reaching out and calling for help,” Murray said on the Senate floor. “We need to support our first responders and encourage them to get the mental health services they need to get healthy so they can return to work.”

Voting against the bill were Republicans Elaine Morgan of Hopkinton, Minority Whip Gordon Rogers of Foster, and Minority Leader Jessica de la Cruz of North Smithfield. Companion legislation sponsored by Rep. Jacquelyn Baginski, a Cranston Democrat, is scheduled to be voted on by the full House Wednesday.

A similar bill by Murray was passed by the Senate last year but failed to make it to the House floor due to objections by the Rhode Island League of Cities and Towns.

And it looked to be the same story this year. But after some behind-the-scenes negotiations between the league and lobbyists for unions representing police officers and firefighters, director Ernie Almonte said the bill now has his group’s blessing.

“While as an organization, we are against any legislation that interferes with management rights and adds additional unfunded mandates, this compromise marks a milestone in which two public safety unions were willing to incorporate our feedback and make substantial changes to the bills,” Almonte said in a statement Tuesday.

At issue, Almonte said, was the potential for municipalities to be on the hook for significant payments — something he said happened in Minnesota when it passed a similar law in 2019.

Between 2019 and 2022, Minnesota paid off 349 PTSD claims for a cost of over $48 million, according to data provided by its Department of Labor and Industry. Connecticut also passed legislation in 2019 allowing PTSD coverage for first responders , but a spokesperson for its Department of Labor could not immediately provide how many claims were approved since the law took effect.

Minnesota was also the example used by the ACLU of Rhode Island in written testimony to the House Committee on Municipal Government and Housing April 2 questioning whether officers accused of misconduct could be eligible for such benefits.

The ACLU cited a 2020 Minneapolis Star Tribune article that found in the wake of the George Floyd protests, over 150 of the city’s police officers had initiated the application process for disability claims alleging they developed PTSD from their involvement in the protests where this excessive force occurred.

“Passage of this bill would allow police officers who may have engaged in serious misconduct against a civilian, but who are not disciplined for it, the ability to financially benefit from that person’s suffering by reporting that the incident has led the officer to suffer PTSD,” the ACLU wrote.

To address the issue of who is eligible, Almonte said Murray’s legislation now defines who can make a professional diagnosis, excludes a diagnosis if it arises out of disciplinary action, and limits an individual’s ability to remain out of work indefinitely if their claim is denied. Baginski’s bill has also been amended to reflect this change.

John Rossi, the national service representative for the International Brotherhood of Police Officers Local 569, said he had no comment on the matter.

“The bill speaks for itself,” he said in an interview.

A representative from the Rhode Island Association of State Firefighters could not be reached for immediate comment Tuesday night on the legislation.

Murray’s bill now heads to the House for consideration.

This story was updated to clarify the number of PTSD claims in Minnesota since 2019.

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