Panel advances bill protecting first responders diagnosed with work-related PTSD after mixed testimony

The Assembly Labor Committee voted to release Assembly Bill A2145 on Feb. 26. The bill would prohibit employers from discharging, harassing or otherwise discriminating against paid first responders who take leave or request leave for qualifying work-related post-traumatic stress disorder (PTSD), and it authorizes civil remedies including reinstatement, compensation for lost wages and attorney fees and an assessment of civil fines for subsequent violations.

Supporters — including the New Jersey State Fraternal Order of Police, the New Jersey State Firemen’s Association, municipal unions and other labor groups — urged the committee to pass the bill. Sean Lavin, legislative chair of the New Jersey State FOP and a retired officer who testified that he has PTSD, described long delays in receiving mental-health care and the risk that officers who seek treatment can lose their licence and benefits after a fitness-for-duty exam. “When they ask for help, they shouldn't be ostracized,” Lavin said; he and union witnesses framed the bill as an effort to prevent suicides and keep first‑responder careers intact while employees receive treatment.

Opponents including the Municipal Excess Liability Joint Insurance Fund (MEL JIF) and the New Jersey League of Municipalities expressed concern that A2145 would divert PTSD-related disputes away from the workers’ compensation process, transfer control over medical determinations, and expose municipal employers to costly litigation and fee-shifting. Paul Bent of the MEL JIF said PTSD is a covered workers’‑compensation benefit and argued that the bill would require lawsuits instead of handling claims through the existing system. He also said the bill’s language on medical exams and attorney-fee shifting could impose new liabilities on municipalities.

Chairman and members acknowledged the concerns and noted ongoing dialogue between the sponsor and opponents. Sponsor Assemblyman Moen and other supporters said they had been meeting with stakeholders to refine language, including procedures for medical evaluation and return-to-duty assessments.

Nicole, the committee clerk, recorded the committee roll call and the bill was released; members urged continued negotiation. The bill authorizes a private right of action in Superior Court and lists remedies that include restitution of lost pay, reinstatement, and attorney’s fees and costs. The committee discussion focused on whether the workers’‑compensation system should remain the exclusive forum for PTSD-related claims and how to structure medical-review provisions so employers and employees agree on appropriate treating providers.

The committee chair encouraged further meetings between sponsors and municipal insurers to explore technical fixes; the measure will move forward for further consideration in the Legislature.