Workers' comp PTSD onus of proof reversed for firefighters

Workers’ comp PTSD onus of proof reversed for firefighters

17 April 2023

The WA Government is extending an onus of proof reversal to firefighters lodging post-traumatic stress disorder (PTSD) claims under the workers’ compensation scheme.

A presumption of work-related PTSD, introduced for ambulance workers on February 1 last year, will now also apply for career firefighters.

Under the change, if a formal PTSD diagnosis is made by a psychiatrist, the onus of proof shifts to the employer or insurer to establish the condition isn’t related to work.

The WA Government says firefighters and ambulance workers may experience a gradual build-up of mental trauma over a prolonged period as a result of experiencing or witnessing traumatic events.

But the standard claims process, requiring them to prove PTSD conditions are work-related, can have a detrimental impact on first responders by requiring them to relive traumatic events.

“It is important our emergency response firefighters, like ambulance workers, are protected in their time of need and not burdened with reliving painful experiences to justify their workers’ compensation claim,” Industrial Relations Minister Bill Johnston said.

The Government said previously, in announcing the move for ambulance officers, paramedics and ambulance emergency communications officers, that a lengthy claims process can also delay access to appropriate supports.