Why are so many firefighters still denied workers’ comp for PTSD?

With the danger of wildfires becoming nearly a year-round one and the fires that have ravaged our state becoming larger and faster spreading, firefighting teams are stretched beyond capacity. This takes a toll not just on firefighters’ physical health but their mental health as well.

The California Department of Forestry and Fire Protection (Cal Fire) has experienced what’s been called a “mental health epidemic.” This has resulted in post-traumatic stress disorder (PTSD) and other mental health conditions. Suicide attempts have risen. 

The law includes a “disputable presumption” that PTSD is work-related

For California firefighters in need of mental health treatment, however, getting workers’ compensation benefits has proven to be a challenge. It appeared that it would get easier when the law was changed to add a “disputable presumption” that if a firefighter suffered from PTSD, it was work-related. Other states have added similar presumptions for firefighters and other first responders who regularly deal with traumatic events as part of their job.

The revised law states in part that for “certain state and local firefighting personnel and peace officers, the term injury includes post-traumatic stress that develops or manifests during a period in which the injured person is in the service of the department or unit and creates a disputable presumption that the injury arises out of and comes in the course of employment.”

“Total system breakdown”

The numbers show that many firefighters’ claims for workers’ comp to cover treatment for PTSD are still being denied. According to one study, about a quarter of these claims by firefighters have been denied. That’s higher than for those in other professions.

Firefighters say they can’t get the treatment they need because therapists are afraid they won’t get paid — or if they do, it could take months or even years. One therapist called it a “total system breakdown.” Not being able to get mental health treatment if you can’t afford to pay for yourself (especially if you’re no longer able to work) can only exacerbate a mental health condition.

Some firefighters say they’re getting legal guidance to help get their claims approved. Until and unless the system improves, this can be your best chance at getting the benefits to which you’re entitled.