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What is the 2019 amendment to Labor Code Section 3212.15?

Laws change often, which means you have to stay on top of them. Workers’ compensation law in California had a temporary change that went into effect that could affect some people trying to claim benefits.

California Legislative Information explains the 2019 amendment to Labor Code Section 3212.15 impacts public services employees, such as firefighters and law enforcement officers.

The change

The new alteration to the law will last only until the first day of 2025. It allows for the inclusion of post-traumatic stress as an approved injury. However, the new rule is only valid if the condition began after January 1, 2020, and if you have been an employee for at least six months. There is an exception for situations where a condition of your employment suddenly brought about the post-traumatic stress condition.

Benefits

If you file for workers’ compensation with a post-traumatic stress injury, you can receive all the typical benefits. Upon approval of your claim, you can collect all medical reimbursement benefits. You may also qualify for disability indemnity. Your family qualifies for death benefits.

Importance note

When you make such a claim, the presumption under this law is your condition relates to your job. It will require evidence by the insurer to prove this is not the case. Lacking evidence, your claim is valid.

The sticking point with this law is that it remains only in effect until January 1, 2025. At that time, it automatically repeals, which means it becomes inactive and no longer applicable. It is important to get any claims in prior to the ending date to ensure you can make your claim for workers’ compensation benefits for post-traumatic stress.