Wisconsin Act 29 is an important worker’s compensation law that makes it easier for certain first responders to bring PTSD claims. Before Act 29, Wisconsin law generally required employees with mental injury claims to prove that their PTSD or other psychological condition was caused by “unusual stress” beyond the ordinary stresses of the job. That standard was especially hard on firefighters and police officers, because even horrific events could be treated as “ordinary” parts of those professions. Act 29 partially changed that rule for law enforcement officers and full-time firefighters by creating a specific path for work-related PTSD claims. Under this law, a covered officer or firefighter may qualify for limited worker’s compensation benefits for PTSD if the PTSD is diagnosed by a licensed psychiatrist or psychologist and arose out of and in the course of employment. In other words, Act 29 recognized that first responders can suffer serious work-related PTSD even when the trauma comes from the very duties they are expected to perform.
Act 29 did not, however, create an entirely separate or special worker’s compensation system. PTSD claims under Act 29 still proceed under Wisconsin’s regular worker’s compensation framework. That means the insurance company may still investigate the claim, require medical or psychological examinations, review records reasonably related to the claimed PTSD, and dispute whether the legal requirements for compensation have been met. Act 29 also has limits. Benefits under the special PTSD provision are limited to 32 weeks of temporary disability per claim and no more than three compensable claims over a person’s lifetime, regardless of changes in employment. The older “unusual stress” test still applies to workers who are not covered by Act 29, such as volunteer firefighters, private EMS workers, and many other employees, and it may also matter when benefits beyond Act 29’s special limits are being pursued. In other words, Act 29 was a meaningful step forward for full-time firefighters and law enforcement officers with PTSD, but it did not eliminate insurance-company defenses, IMEs, record requests, or the need to prove that the PTSD is work-related. Our law firm is experienced in handling Act 29 PTSD claims, pushing back against unfair insurance-company defenses, and helping first responders prove that their PTSD is work-related.
If you suffered a work injury in Wisconsin and the insurance company denied your claim, please contact one of Hawks Quindel S.C.’s experienced worker’s compensation attorneys for a free consultation. We serve clients throughout the Midwest and are ready to help you secure the benefits you deserve.