CORRECTIONS
Presumptive PTSD Workers’
Compensation Protection
Now that’s a topic that will make you yawn! But
it shouldn’t: In 2018, 286 law enforcement officers
were reported to have taken their own lives — 130
police officers and 156 correctional officers. That
number does not include those who did so a few
years after leaving the job, or less obviously through
alcohol or substance abuse. If we compare those
286 suicides to the 150 LEOs who were killed in the
line of duty, we can begin to realize the seriousness
of this issue. The suicide rate for police officers is
BRIAN
16 in 100,000, while for correctional officers it’s 34.8
DAWE
in 100,000, more than double that of our brothers
and sisters on the streets, and nearly three times the general
population rate of 13.5 in 100,000. It is critical, therefore, that
we in law enforcement support legislation that reflects this on-
going situation.
While on the job, COs never hesitate to risk their lives protect-
ing the public and each other. Yet when nearly twice as many
of us take our own lives than are killed on the job, we are loath
to even discuss it. According to Police Depression — The Silent
Killer by Mark Bond:
“The number one killer of police officers is suicide caused by
depression. Yet the silence from within the police profession ac-
knowledging officer depression is deafening.” (Emphasis origi-
nal)
We need to be proactive. These people suffering from de-
pression are our sisters and brothers; indeed, our very lifelines.
Should we hesitate to ask, “Can we talk for a second? Is every-
thing OK? Is there something bothering you? Can I help?” We
need to start the conversation and listen, maybe suggest that a
struggling fellow officer talk to someone. Be honest with them
and yourself — do you want someone stressed out to the point
of suicide as your backup or partner? Most importantly, take a
self-stress check — how do you feel? Seriously — how do you
feel right now? If you’re getting a twinge just reading this, talk to
someone. There is nothing shameful about addressing the dam-
age that this job does to us.
Seeking counseling for stress often is incorrectly perceived as
the action of a weak person. PTSD, like almost all other occupa-
tional hazards, is both treatable and, more importantly, avoid-
able. A good start might be to implement improved training
blocks at the academy on recognizing and coping with stress
as a law enforcement officer. Officers must qualify yearly to use
firearms, so making sure they’re not mentally fatigued might
not be a bad idea, either. There are already training blocks de-
signed to deal with this specific issue, and instructors and coun-
selors to implement them, so legislation must include money
for training and teaching coping mechanisms. PTSD must be
called what it is: an occupational hazard, not a mental health
issue. According to a 2012 study, the level of PTSD we face “…
strongly supports a view of PTSD as an occupational hazard in
the field of corrections. Even a rate 10 percent lower would be a
significant problem.” (Emphasis mine)
Taking notice of the mental state of our fellow officers, im-
24
NEW JERSEY COPS
■ MARCH 2019
proving training, and seeking counseling are all important meth-
ods for dealing with this issue, but certainly the most critical is
supporting corresponding legislation. Why is this legislation so
important? Because of those 286 suicides and 150 LODDs that
I mentioned. This may, in fact, be one of the most important
pieces of legislation LEOs have seen in years. Since presumptive
Heart Bill legislation was enacted for first responders, nothing
comes close to protecting our families and our mental health
more than the recent trend to cover PTSD under presumptive
workers’ comp statutes.
Here’s the good news, according to a 2018 report from the law
offices of Joshua Borken:
“By September 2018, 30 states have proposed altering the
workers’ compensation law to add the presumption of PTSD
for first responders. The National Council on Compensation In-
surance has named this change the top trend in workers’ com-
pensation reform, even though the bills are moving through the
states very slowly.”
Here’s the bad news, however:
“So far in 2018, 103 state bills dealt with workers’ compen-
sation provisions for first responders, and only six bills passed
true occupational presumption for PTSD.”
Since the above article was written, Minnesota has also adopt-
ed presumptive legislation for first responders’ PTSD. Currently,
there are seven states with some form of presumptive PTSD leg-
islation: Florida, Hawaii, Maine, Minnesota, New Hampshire,
Vermont and Washington. They have all enacted inclusion of
presumptive PTSD language into their workers’ compensation
legislation. However, which public employees are considered to
be first responders depends on each state’s specific definition.
Those of us in law enforcement know beforehand that any
legislation dealing with this issue must be carefully crafted to
safeguard our careers, not impact promotions, breach confiden-
tiality or HIPA law, or jeopardize our Second Amendment rights.
Decisions in this area are best made by health professionals and
not government administrators. With “presumptive” legislation,
it is presumed that PTSD is the result of the job. Therefore, the
burden is on the employer to prove that PTSD is not work-re-
lated. Conversely, if PTSD legislation is not presumptive, it’s the
employee’s burden of proof to successfully litigate a claim. The
latter scenario has been shown to be a nightmare for officers to
navigate.
This legislation is critical, and ACOIN is working with the
NJSPBA and several other organizations to get it passed. Please
support us in these efforts.
Brian Dawe spent 16 years as a state correctional officer in Mas-
sachusetts, beginning on May 31, 1982. He is a co-founder of the
Massachusetts Correction Officers Federated Union, administra-
tor for the Corrections and Criminal Justice Coalition and execu-
tive director for Corrections USA and the American Correctional
Officer. He is the originator and owner of the American Correc-
tional Officer Intelligence Network.