PTSD and Texas Workers’ Comp

In September 2019, the Legislature amended Section 504.019(b) and added Section 504.019(c) in House Bill 2143.  For injuries occurring before September 1, 2019, the former provisions remain applicable, but for any injury claimed on or after September 1, 2019, the new law applies. 

As of September 1, 2019, Section 504.019(b) states: “Post-traumatic stress disorder suffered by a first responder is a compensable injury…only if it is based on a diagnosis that:  1) the disorder is caused by one or more events occurring in the course and scope of the first responder’s employment; and, 2) the preponderance of the evidence indicates that the event or events were a producing cause of the disorder. 

The date of injury for post-traumatic stress disorder suffered by a first responder is the date on which the first responder first knew or should have known that the disorder may be related to the first responder’s employment.” From our experience, you would still need to file the FROI within 30 days from the date you knew or should have known.

Don’t hesitate to contact the AFD Work Comp team for a confidential conversation regarding filing a FROI for PTSD.