Workers' Compensation: Mental Health Gets Protection

New Jersey has taken a groundbreaking step forward in supporting the mental health of its first responders. Governor Phil Murphy signed Assembly Bill 5792, which requires workers' compensation to cover 12 hours of counseling for first responders following certain traumatic events. This legislation, now codified as P.L. 2025, c. 134, took effect on August 21, 2025, marking a significant expansion of workers' compensation benefits for mental health issues.

Why This Matters

The mental health crisis among first responders has reached critical levels. The bill applies to entities employing law enforcement officers, firefighters, emergency medical personnel, and 911 dispatchers, recognizing that these professionals face unique psychological challenges in their line of duty.

In New Jersey, workers' compensation laws apply to mental health injuries in addition to physical injuries. This means that workers who suffer a mental health issue or disease as a result of their job are entitled to compensation for time off work needed to treat their injury and medical bills. However, the new legislation specifically addresses the immediate mental health needs of first responders following traumatic incidents.

The importance of this legislation cannot be overstated. Mental health issues can be difficult to diagnose and treat, but they can still cause debilitating physical and emotional pain. By providing immediate access to mental health services, New Jersey is taking a proactive approach to preventing long-term psychological damage and supporting the well-being of those who protect our communities.

Comprehensive Coverage

The bill requires comp coverage for counseling if these workers are exposed to events that include firing a weapon or being involved in an exchange of gunfire, suffering serious bodily injury, witnessing serious bodily injury, and investigating crimes against children. This comprehensive approach recognizes the various traumatic experiences that first responders may encounter.

Furthermore, first responders will be allowed to choose a treating provider. If the provider declares that the first responder would benefit from additional counseling, the employer will be required to pay for an additional 24 hours of treatment. This flexibility ensures that treatment can be tailored to individual needs and extended when professionally recommended.

The law now covers a broad range of mental health issues, from stress and anxiety caused by heavy workloads, downsizing, or changes in job duties, to workplace abuse and customer vs. employee violence, to active shooter scenarios or a workplace death.

A Model for Other States

Both the Senate and Assembly passed the bill unanimously in June, demonstrating bipartisan support for protecting the mental health of first responders. This unanimous support reflects the critical nature of this issue and the recognition that mental health is just as important as physical health in the workplace.

The legislation builds on New Jersey's broader commitment to mental health parity. The recent update to the New Jersey Workers' Compensation law now allows employers to include mental health issues as compensable injuries. This change is a monumental step towards providing workers with the protection they need and deserve.

Moving Forward

This legislation represents more than just policy change—it's a cultural shift in how we view and treat mental health in high-stress occupations. By removing financial barriers to mental health treatment and ensuring immediate access to counseling services, New Jersey is setting a precedent for other states to follow.

The new law acknowledges that these types of situations can cause significant emotional distress, and the coverage provided by the New Jersey Workers' Compensation law is invaluable to those who suffer from such distress.

As this legislation takes effect, it promises to provide critical support to the brave men and women who risk their lives to protect our communities, ensuring they receive the mental health care they need and deserve.

Key Takeaways

Immediate Coverage: First responders now receive workers' compensation coverage for mental health counseling following specific traumatic events
Comprehensive Scope: Coverage includes incidents involving gunfire, serious bodily injury, child crime investigations, and other traumatic experiences
Flexible Treatment: Workers can choose their mental health provider and receive up to 36 hours of covered counseling (12 initial + 24 additional if recommended)
Universal Support: The legislation was passed unanimously in both chambers of the New Jersey Legislature
Effective Date: The law became effective August 21, 2025, as P.L. 2025, c. 134
Broad Impact: Applies to law enforcement officers, firefighters, emergency medical personnel, and 911 dispatchers
Progressive Approach: Builds on New Jersey's existing mental health parity laws for workers' compensation