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How Washington state nurses can get benefits under recent PTSD law

This new law, effective Jan. 1, 2024, establishes a presumptive eligibility structure for nurses suffering from PTSD.

This story was published in the January issue of The Washington Nurse.

Illustration ptsd benefits

The 2023 passage of the post-traumatic stress disorder (PTSD) eligibility statute in Washington state (SB 5454) has significant implications for registered nurses who provide direct patient care. This new law, effective Jan. 1, 2024, establishes a presumptive eligibility structure for nurses suffering from PTSD, enabling many to more easily access care and workers' compensation benefits.  

Key points of PTSD eligibility:

  • Eligibility criteria: To qualify for the presumption of PTSD as an occupational disease, registered nurses must have provided direct patient care for at least 90 consecutive days within Washington state. This criterion aims to ensure that only those actively employed in healthcare are eligible for benefits. The law also outlines circumstances that don’t qualify, such as conflicts with supervisor, job dissatisfaction, workload pressures and changes in employment duties.

  • Cumulative trauma claims: Direct care nurses can now claim PTSD resulting from cumulative psychological stress rather than just single traumatic events. 

  • Benefits of presumptive eligibility: Rebuttable presumption is designed to make it easier for nurses to prove that their PTSD is job-related.  This is particularly important given the stigma associated with mental health issues that can discourage nurses from seeking help.   

  • Impact on mental health support: By acknowledging PTSD as an occupational hazard, the statute recognizes some of the mental health challenges faced by nurses and treats them like other frontline workers, such as police and firefighters. In 2018, a state law allowed police and firefighter post-traumatic disorder claims for job exposure. By acknowledging PTSD as an outcome from work, healthcare institutions may feel more compelled to prioritize mental health resources and systems for registered nurses to support employee well-being. 

  • Broader implications: This legislative change not only aids individual nurses but also sets a precedent for recognizing mental health issues in other high-stress professions. This may inspire similar laws in other states and sectors, promoting recognition of challenges nurses face in their roles and a broader understanding of occupational mental health risks.

By formally defining mental health issues that can arise for direct care nurses and by encouraging nurses to seek help without the fear of repercussions, the PTSD eligibility statute will help reduce the stigma around seeking help. The PTSD statute has also improved resources to ensure nurses receive the support and care they deserve.

Eligibility criteria

To qualify for the presumption of PTSD as an occupational disease, registered nurses must have been fully employed in Washington state for at least 90 consecutive days. This criterion aims to ensure that only those actively employed in healthcare are eligible for benefits. The law also outlines circumstances that don’t qualify, such as conflicts with supervisor, job dissatisfaction, workload pressures and changes in employment duties.

Because PTSD can manifest months or years after the trauma, the law says, the presumption extends to a claimant following termination of employment for a period of three calendar months for each year employed but to not go over 6o months.

Jo K. Quetsch is quality/safety program manager for WSNA.