Does MN PERA Cover PTSD and Other Psychological Conditions?

I spoke with a Minnesota police officer recently who asked me whether or not Post-Traumatic Stress Disorder (PTSD) was covered for Public Employees Retirement Association (PERA) Police and Fire Plan Duty Disability Benefits. 

I explained that, yes, psychological conditions are specifically enumerated under the PERA Duty Disability statute, meaning that they are specifically covered. This police officer had been involved in some extremely high-stress incidents in the last few years, and had started to exhibit symptoms consistent with Post-Traumatic Stress Disorder (PTSD). His doctors are telling him that he can no longer work in law enforcement due to his condition. He was obviously concerned about what his options were in the event that he could not continue working as a police officer.

Interestingly, before calling me, he had talked to “some people” who told him that psychological conditions weren’t covered by PERA. First off, I’m glad he called. If he had relied on what “some people” told him, he wouldn’t be aware that he’s eligible for 60% of his high-five salary, tax free, through age 55, plus continued health insurance through his employer. These benefits are potentially worth hundreds of thousands of dollars to him. 

Police officers and firefighters in Minnesota who are covered under the Public Employees Retirement Association (PERA) Police and Fire Plan are eligible for disability benefits in the event that they are unable to perform their normal duties. There are two basic types of disability benefits under the PERA Police and Fire Plan: Duty and Regular.

Duty disability benefits. Duty disability pays at a basic rate of 60% of police officer or firefighter’s average high-five. Qualification for duty disability also entitles a police officer or firefighter to continued health insurance under Minn. Stat. § 299A.465.

PERA duty disability is defined as follows:

"Duty disability," physical or psychological, means a condition that is expected to prevent a member, for a period of not less than 12 months, from performing the normal duties of the position held by a person who is a member of the public employees police and fire plan, and that is the direct result of an injury incurred during, or a disease arising out of, the performance of normal duties or the actual performance of less frequent duties, either of which are specific to protecting the property and personal safety of others and that present inherent dangers that are specific to the positions covered by the public employees police and fire plan. 

Regular disability benefits. Regular disability is paid at a base rate of 45% of a police officer or firefighter’s high-five salary. Individuals who qualify for regular disability are not eligible for health care continuation under Minn. Stat. § 299A.465.

PERA regular disability is defined as follows: 

"Regular disability," physical or psychological, means a condition that is expected to prevent a member, for a period of not less than 12 months, from performing the normal duties of the position held by a person who is a member of the public employees police and fire plan, and which results from a disease or an injury that arises from any activities while not at work, or while at work and performing those normal or less frequent duties that do not present inherent dangers that are specific to the occupations covered by the public employees police and fire plan. 

Unfortunately, police officers have a high incidence of Post-Traumatic Stress Disorder (PTSD) as the result of experiencing disturbing, dangerous, and traumatic situations. Due in large part to increased awareness about the psychological effects of dealing with traumatic and stressful situations, more and more Minnesota police officers are seeking treatment for Post-Traumatic Stress Disorder.

If you’re a Minnesota police officer who is suffering from Post-Traumatic Stress Disorder as a result of experiencing traumatic incidents in the line of duty, and you cannot return to work in law enforcement due to your condition, you may be eligible for PERA duty disability benefits.

Don’t rely on “some people” to give you legal advice about your rights to hundreds of thousands of dollars’ worth of benefits PERA disability benefits. Speak with a PERA lawyer about your rights. There’s simply too much at stake to risk trying to figure it out on your own, or to risk depending on the advice of “some people.” 

Meuser & Associate has represented dozens of police officers and firefighters throughout the State of Minnesota in conjunction with claims for PERA disability benefits. We’ve also successfully secured PERA duty disability benefits on behalf of a number of police officers suffering from Post-Traumatic Stress Disorder (PTSD) as a result of in-the-line of duty psychological trauma. For a free, no-obligation legal consultation to learn about your rights, call Meuser & Associate at 877-746-5680 or click here to send us an email to schedule an appointment with Jen or Ron.

Post-Traumatic Stress Disorder (PTSD) and Minnesota Workers' Compensation

Post-Traumatic Stress Disorder (PTSD) is a mental disorder triggered by a disturbing outside event. In considering a diagnosis of PTSD, your health care provider may address whether you have been in a situation in which you were afraid for your safety or your life, or you have experienced something that made you feel fear, helplessness, or horror. The worse the trauma, the more likely a person will develop PTSD, and the worse the symptoms will be. The most severely affected individuals are often unable to work, have trouble with relationships, and have great difficulty parenting their children.

Some of the most prominent symptoms of PTSD include:

• Flashbacks. People suffering from PTSD often constantly experience the images, sounds, and feelings they experienced at the time of the traumatic experience.

• Emotional detachment. Individuals suffering from PTSD are often overwhelmed by emotions. They sometimes have a difficult time being with family members. They also tend to avoid activities, places, and people associated with the traumatic experience. They are often emotionally exhausted which can lead to difficulty in even basic functioning.

• Jumpiness. Another symptom of PTSD is known as hyperactive startle reflex, which essentially means overreaction to stimuli. Individuals suffering from PTSD may also be hypervigilant and constantly worried. This hyperarousal can also cause difficulty with concentration and sleep.

Post-Traumatic Stress Disorder (PTSD) can also cause physical symptoms, including headache, ulcer, heart attack, gastroesophageal reflux disease (GERD), constipation, nausea and vomiting, excessive sweating, diarrhea, cramping, stomach pain, high blood pressure, weight gain or loss, sleeping difficulties, fatigue, and erectile dysfunction.

People who work as firefighters, police officers, paramedics, and first responders have a high-incidence of Post-Traumatic Stress Disorder (PTSD) as the result of experiencing disturbing and traumatic situations. People who experience a traumatic injury at work may also develop Post-Traumatic Stress Disorder (PTSD). In many instances, Post-Traumatic Stress Disorder (PTSD) is a compensable injury under Minnesota Workers’ Compensation law.

Minnesota Workers’ Comp law places mental injuries into three categories.

1. Physical/Mental. This type of mental injury occurs as the result of a physical injury. Examples include depression that develops after a physical injury or PTSD after a traumatic physical injury. This type of mental injury is compensable under Minnesota workers’ compensation.

2. Mental/Mental. This type of mental injury develops as the result of mental stimulus. Examples include stress or anxiety from verbal harassment at work, or depression after being demoted at work. This type of mental injury is NOT compensable under Minnesota work comp law.

3. Mental/Physical. This type of injury involves a mental condition that causes a physical injury or symptoms. Examples include heart attacks that occur as the result of excessive stress at work or PTSD as the result of responding to a traumatic car accident which causes physical symptoms. This type of injury may be compensable under workers’ compensation in Minnesota.

Our firm has successfully represented several clients for PTSD workers’ compensation claims. If you are suffering from PTSD, and you believe it is related to your employment, call us at 877-746-5680 or email us here to schedule a free consultation to find out if you may be entitled to workers’ compensation benefits.

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