This bill amends the North Dakota Century Code to include specific provisions regarding posttraumatic stress disorder (PTSD) within the context of workers' compensation. It establishes that PTSD can be classified as a compensable injury if the employee can demonstrate, by a preponderance of the evidence, that the condition was caused by extraordinary stress that exceeds the normal emotional strain experienced by similarly situated employees. The bill outlines the criteria for diagnosing PTSD, which must be conducted by a licensed psychiatrist or psychologist and must not pre-exist the employment event. Additionally, it specifies that the mental injury cannot result from actions taken in good faith by the employer, such as disciplinary actions or job transfers.
Furthermore, the bill introduces duration limits for disability benefits related to PTSD, capping them at a maximum of thirty-two weeks from the first report of injury or two claims in an employee's lifetime. The provisions of this act will apply to injuries sustained on or after August 1, 2025, and it is set to expire on July 31, 2029. The amendments aim to clarify the conditions under which PTSD is recognized as a compensable injury and to establish clear limits on the benefits provided for such claims.
Statutes affected: INTRODUCED: 65-01-02