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School Shootings Leading Some States to Allow Coverage of PTSD Under Workers' Comp.
Posted on Jan 16, 2013 11:45pm PST
As our nation continues to deal with the aftermath of far too many school shootings, many states are beginning to consider changing their laws to allow PTSD coverage under workers' compensation. Two Minnesota personal injury attorneys, Mark Rodgers and Michael Garbow of
Rodgers and Garbow, PLLC
, have been named recipients of Minnesota Lawyer's 2012 Attorneys of the Year for a 2009 Minnesota ruling that awarded compensation for mental injuries to a group of teachers who experienced a school shooting.
In March of 2005, 16-year-old Jeff Weise shot and killed five students, a teacher, and a security guard at Red Lake High School in Minnesota before killing himself. 10 Red Lake teachers fought for years to win compensation for lost wages due to post-traumatic stress disorder. The 2009 ruling overturned a longstanding 1981 Minnesota Supreme Court decision (
Lockwood v. Independent School Dist. No. 877
), which stated that psychological injury was not compensable under the state's workers' compensation act.
Although there is still a lot of legal uncertainty surrounding these types of cases, Rodgers and Garbow may have opened the door for other states to begin reviewing coverage of psychological injuries under their workers' compensation laws. Currently, Connecticut lawmakers are considering allowing such coverage in the wake of Newtown.
Connecticut lawmakers are planning to introduce a bill that would allow claims of post-traumatic stress disorder to be covered under Connecticut's workers' compensation laws. According to an Associated Press report , some Newtown police officers who responded to the deadly shooting at Sandy Hook Elementary School are too traumatized to work and have relied on sick time or donations to cover their salaries. Changing the law would allow them to file workers' comp. claims instead.
Illinois Workers' Compensation Act
covers disability caused by PTSD related to a workplace injury, many claims for work-related PTSD are denied by workers' comp insurance companies. That's where the expert Illinois workers' compensation attorneys at
Boudreau & Nisivaco
can help. Our attorneys have the knowledge and experience you need when dealing with
issues. We are here to fight for your rights and get you the compensation you deserve. Call us today for a free case evaluation.