The bill H. 3261 aims to amend the South Carolina Code of Laws by adding Section 42-9-50, which establishes specific requirements for first responders to file workers' compensation claims for stress or mental injuries that occur without accompanying physical injuries. It defines "first responder" to include law enforcement officers and firefighters, both employed and volunteer, and outlines what constitutes a "significant traumatic experience or situation." The bill specifies that a first responder diagnosed with post-traumatic stress disorder (PTSD) due to such experiences during their employment can be considered to have sustained an injury by accident, provided they are receiving clinical care through designated programs and have a work incapacity determined by a physician.

Additionally, the bill stipulates that compensation for total incapacity due to these mental injuries will be calculated based on the first responder's average weekly wages, with certain limits on the duration and amount of compensation. It clarifies that stress or mental injuries resulting from normal employer-employee relations are not compensable unless they are extraordinary. Furthermore, it outlines conditions under which stress or mental injuries aggravated by a physical injury may be compensable. The act is set to take effect on January 1, 2026, and will apply to injuries occurring on or after that date.

Statutes affected:
12/05/2024: 42-9-50
Latest Version: 42-9-50
12/06/2024: 42-9-50