Kevin Tribout, VP of Public Policy and Regulatory Affairs at Optum Workers’ Comp and Auto No-Fault, notes that with increased awareness of mental health challenges, changes are likely to come. “Historically, most states limited compensability to narrowly defined mental-mental claims where the stress from work was extraordinary or unusual, for example, a first responder who develops diagnosed PTSD over years of exposure to various traumatic events. Public policy developments that recognize and seek to address PTSD claims have exploded over the last couple of years, with over half of the states having some form of PTSD or mental-mental health legislation for workers’ compensation. While legislation to address microstress has been limited, a few states have moved policy forward.”
For example, the state of New York expanded workers' compensation coverage in January 2025 (via S6635/A5745) to allow all employees, not just first responders, to file claims for mental injuries caused by "extraordinary work-related stress." The law covers conditions like PTSD, acute stress disorder, and major depressive disorder arising from distinct, work-related events.
Key details of the New York Stress Law
- Broadened coverage: Previously limited to specific first responders, the new law covers all workers in the state.
- "Extraordinary" stress test: Claims must be based on stress that is "greater than the usual irritations to which all workers are occasionally subjected."
- Mental injuries covered: Coverage includes, but is not limited to, post-traumatic stress disorder (PTSD), acute stress disorder, or major depressive disorder resulting from work-related stress.
- Documentation required: Valid claims require medical evidence linking the mental injury to a specific, identifiable, and extraordinary job-related event.
- Exceptions: The law does not cover job-related stress resulting from, but not limited to, personnel actions such as a lawful disciplinary action, work evaluation, job transfer, or layoff.
As Tribout points out, “So far, New York has been the only state to pass this type of legislation expanding workers’ compensation PTSD coverage to general work-related stress not related to a single or multiple traumatic events.” While the policies related to PTSD and work-related stress vary across the jurisdiction, it appears one key to developing a sound policy, either through legislation or regulation, is to put in place structure around the diagnosis, exposure, and treatment parameters. Tribout underlines the importance, “States that adopt guardrails — for example, clear diagnostic criteria, exposure thresholds, and consideration of prior conditions — will most likely see more sustainable outcomes than those with expanded eligibility lacking claims handling structure.”