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
workers' compensation issues. We are here to fight for your rights and get you the compensation
you deserve. Call us today for a free case evaluation.