Bill > HB26

This bill expands workers' compensation coverage for certain first responders and National Guard members by including psychological injuries as compensable under the law, even when they are not directly caused by a physical injury. Specifically, it amends the definition of "injury" in Kentucky Revised Statutes (KRS) 342.0011 to encompass psychological, psychiatric, or stress-related changes for police officers, firefighters, emergency medical services personnel, front-line staff, and Kentucky National Guard members on state active duty. A new section of KRS Chapter 342 is created to establish the conditions under which such psychological injuries are considered valid workers' compensation claims. These claims will be recognized if the work-related event or stress was extraordinary and unusual compared to pressures faced by the average employee, and if it was the direct cause of the psychological change. The bill also creates a rebuttable presumption that post-traumatic stress disorder (PTSD) diagnosed within three years of employment for these individuals is a work-related injury, which can be overcome by evidence showing the PTSD was caused by non-work-related factors. Importantly, psychological injuries resulting from disciplinary actions or similar good-faith employer actions will not be covered.