Workers' Compensation: PTSD Protection for First Responders

NJ Governor Murphy Signs Landmark Legislation Integrating Mental Health Protections with Workers' Compensation System

On January 14, 2026, Governor Phil Murphy signed into law the New Jersey First Responders Post-Traumatic Stress Disorder Protection Act (S2373/A2145, P.L. 2025, c.272), marking a significant step forward in protecting the mental health and job security of those who serve on the front lines of our communities.

Key Takeaways

Employment Protection: Prohibits employers from discriminating against paid first responders who request or take leave for PTSD-related treatment
Mandatory Reinstatement: Requires employers to restore first responders to their prior positions upon clearance to return to work
Workers' Compensation Integration: Claims are filed through the Division of Workers' Compensation, not civil court
Two Qualification Pathways: PTSD diagnosis can be established through Workers' Comp orders or an approved mental health professional examination
Broad Coverage: Applies to law enforcement officers, paid firefighters, EMTs, paramedics, 911 dispatchers, and rescue squad members
Significant Penalties: Violations can result in fines up to $10,000, plus reinstatement, back pay, and attorney's fees
Immediate Effect: The law took effect immediately upon signing

The Workers' Compensation Connection

One of the most significant aspects of this legislation is its integration with New Jersey's existing Workers' Compensation system. Rather than creating an entirely new legal framework, the law leverages the established Division of Workers' Compensation infrastructure.

How It Works

The bill establishes two pathways for qualifying PTSD diagnoses:

Pathway 1: Workers' Compensation Order The diagnosis is memorialized in an order from a judge of the Division of Workers' Compensation. This can occur through:

Motion by either party
Plenary trial
Stipulation between the employer and employee

Pathway 2: Mental Health Professional Examination. A mental health professional diagnoses PTSD and determines it arose from:

A traumatic event experienced or witnessed during regular or assigned duties, or
Vicarious trauma resulting from the performance of regular duties

Filing Claims Under the New Law

Employees alleging violations of their rights under S2373 must file actions in the Division of Workers' Compensation—not in Superior Court. This strategic decision:

Streamlines the Process: Utilizes existing Workers' Comp procedures and expertise
Ensures Consistency: Judges of compensation already handle work-related injury claims
Reduces Litigation Costs: Workers' Comp proceedings are generally less expensive than civil litigation
Provides Specialized Expertise: Division judges understand first responder occupational hazards

Available Remedies

The judge of compensation may order:

Civil Fines: $5,000 for first violations, $10,000 for subsequent violations
Injunctive Relief: Orders to stop ongoing violations
Reinstatement: Return to the same or equivalent position
Benefit Restoration: Full fringe benefits and seniority rights
Financial Compensation: Back pay and lost benefits
Legal Costs: Reasonable attorney's fees

Importantly, the law specifies that remedies are limited to those provided under existing Workers' Compensation law, maintaining consistency with the statutory framework.

Who's Protected

The Act covers "paid first responders," including:

Law enforcement officers
Paid firefighters
Paid members of first aid, emergency, ambulance, or rescue squads
Paid emergency medical technicians (EMTs)
Paid paramedics
Paid 9-1-1 dispatchers

The legislation applies only to public entities—the State, counties, municipalities, districts, public authorities, and other political subdivisions.

The Mental Health Crisis Among First Responders

First responders face cumulative psychological trauma from regular exposure to:

Violent crimes
Serious accidents and injuries
Medical emergencies
Death and suffering
Personal danger

As Senator James Beach noted, "First responders face unimaginable stress and trauma in service of the public good, which, left untreated, can have devastating effects."

The legislation acknowledges what too many first responders experience: that the invisible wounds of PTSD can be as debilitating as physical injuries, yet have historically carried stigma that prevented individuals from seeking help.

Breaking Down Barriers to Treatment

Before this legislation, first responders often faced a difficult choice: seek mental health treatment and risk their careers, or suffer in silence to protect their livelihoods. By explicitly prohibiting discrimination and retaliation, the law removes a significant barrier to care.

Assemblyman William Moen Jr. emphasized this point: "Bill A2145 will be a lifeline for so many of New Jersey's finest and is a necessary step toward ensuring that our first responders can seek the help they need without fear of retaliation."

Implementation Timeline

The law took effect immediately upon Governor Murphy's signature on January 14, 2026. This means:

First responders can immediately invoke these protections
Employers must comply with all provisions now
The Division of Workers' Compensation is prepared to handle claims

Fiscal Implications

According to the Legislative Fiscal Estimate, the bill will result in:

Indeterminate increase in the Division of Workers' Compensation expenditures to oversee civil actions
Potential local expenditure increases for employers found in violation
Possible healthcare cost increases through the Division of Pensions and Benefits as more employees seek treatment

The exact fiscal impact remains indeterminate because the number of claims that will be filed under the new law is unknown.

A National Model?

New Jersey joins a growing number of states recognizing PTSD as a legitimate work-related injury for first responders. However, the integration with Workers' Compensation and the robust employment protections make this legislation particularly comprehensive.

Edward Kelly, General President of the International Association of Fire Fighters (IAFF), stated: "This bill recognizes that reality by making it illegal for employers to fire, discipline, or harass first responders for seeking treatment so they can recover and return to work."

What Employers Need to Know

Public entities employing first responders should immediately:

Review policies regarding leave for mental health treatment
Train supervisors on the new protections and prohibited conduct
Establish clear procedures for requesting and approving PTSD-related leave
Identify approved mental health professionals for employee examinations
Document fitness-to-return evaluations properly
Understand Workers' Compensation processes for PTSD claims

What First Responders Need to Know

If you're a paid first responder in New Jersey:

You have the right to request leave for PTSD treatment without fear of retaliation
Your job is protected while you receive treatment
You must be reinstated to your prior position upon clearance to return
You can file claims through the Division of Workers' Compensation if your rights are violated
You have one year from the date of the violation to file an action
Resources are available: The 988 Suicide & Crisis Lifeline (call/text 988) provides 24/7 support

Looking Forward

The signing of S2373 represents more than just new legal protections—it represents a cultural shift in how we think about first responder wellness. By treating PTSD with the same seriousness as physical injuries and integrating protections into the Workers' Compensation system, New Jersey sends a clear message: mental health matters, and those who protect us deserve protection in return.

As Governor Murphy stated at the signing, "Our first responders put themselves on the line daily to keep our residents safe. This bill recognizes the real and lasting impact that traumatic experiences can have and ensures that first responders are treated with dignity, compassion, and fairness when they need it most."