THE SENATE S.B. NO. 554 THIRTY-THIRD LEGISLATURE, 2025 STATE OF HAWAII A BILL FOR AN ACT relating to workers' compensation. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
THE SENATE S.B. NO. 554
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
THE SENATE
S.B. NO.
554
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating to workers' compensation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 386, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§386- Compensation for first responders suffering from post-traumatic stress disorder. (a) Notwithstanding any law to the contrary, a claim of post-traumatic stress disorder suffered by a first responder shall be compensable under this chapter if: (1) The post-traumatic stress disorder is demonstrated by clear and convincing evidence; (2) The post-traumatic stress disorder resulted from the first responder acting within the course and scope of the first responder's employment; and (3) The first responder is examined and subsequently diagnosed with post-traumatic stress disorder by a psychiatrist licensed under chapter 453 or a psychologist, and the psychiatrist or psychologist determines that the post-traumatic stress disorder is due to one or more of the following: (A) Seeing for oneself a deceased minor; (B) Directly witnessing the death of a minor; (C) Directly witnessing an injury to a minor who subsequently died before or upon arrival at a hospital emergency department; (D) Participating in the physical treatment of an injured minor who subsequently died before or upon arrival at a hospital emergency department; (E) Manually transporting an injured minor who subsequently died before or upon arrival at a hospital emergency department; (F) Seeing for oneself a decedent whose death involved grievous bodily harm of a nature that shocks the conscience; (G) Directly witnessing a death, including suicide, that involved grievous bodily harm of a nature that shocks the conscience; (H) Directly witnessing the killing of one person by another, regardless of whether the act was criminal or excusable, including: (i) A mass killing as defined in 28 U.S.C. section 530C(b)(1)(M); and (ii) Murder in the first degree, murder in the second degree, manslaughter, negligent homicide in the first degree, and negligent homicide in the second degree, as those crimes are defined in chapter 707; (I) Directly witnessing an injury, including by attempted suicide, to a person who subsequently died before or upon arrival at a hospital emergency department if the person was injured by grievous bodily harm of a nature that shocks the conscience; (J) Participating in the physical treatment of an injury, including by attempted suicide, to a person who subsequently died before or upon arrival at a hospital emergency department if the person was injured by grievous bodily harm of a nature that shocks the conscience; or (K) Manually transporting a person who was injured, including by attempted suicide, and who subsequently died before or upon arrival at a hospital emergency department if the person was injured by grievous bodily harm of a nature that shocks the conscience. (b) Eligibility for benefits for a first responder under this section shall not require a physical injury to the first responder. (c) For the purpose of subsection (a)(2), a first responder is not acting in the course and scope of the first responder's employment if the first responder is: (1) Off duty; or (2) Outside the jurisdiction of the first responder's employer. (d) An agency that employs a first responder, including a first responder who serves as a volunteer, shall provide educational training related to the awareness, prevention, mitigation, and treatment of mental health issues. (e) The director shall adopt rules pursuant to chapter 91 that specify the injuries that qualify as grievous bodily harm of a nature that shocks the conscience. (f) If any other part of this chapter conflicts with this section, this section shall control. (g) As used in this section: "Directly witness" means to see or hear for oneself. "Emergency medical attendant" means a person employed by an emergency ambulance service to provide emergency medical services, including emergency medical service personnel who are licensed under part II of chapter 453. "Firefighter" means a person who works for a state or county agency whose principal duties are to prevent and fight fires. "Firefighter" includes a volunteer firefighter as that term is defined in section 386-181(a). "First responder" means: (1) A firefighter; (2) A law enforcement officer; (3) An emergency medical attendant; (4) An emergency dispatcher or call taker who is employed by a law enforcement or public safety agency in the State; (5) A crime scene investigator who is employed by a law enforcement or public safety agency in the State; (6) A forensic investigator who is employed by a law enforcement or public safety agency in the State; or (7) A coroner or medical examiner who is employed by a state or county agency. "Law enforcement officer" means a sheriff or deputy sheriff, a police officer, an enforcement officer within the division of conservation and resources enforcement of the department of land and natural resources, a special agent of the department of the attorney general, and any other public servant vested by law with a duty to maintain public order, make arrests for offenses, or enforce criminal laws, whether that duty extends to all offenses or is limited to a specific class of offenses. "Law enforcement officer" includes police chaplains, reserve police officers, reserve public safety law enforcement officers, sheriffs' chaplains, volunteer boating enforcement officers, and volunteer conservation and resources enforcement officers as those terms are defined in section 386-181(a). "Manually transporting" means to perform physical labor to move the body of a wounded person for the wounded person's safety or medical treatment. "Post-traumatic stress disorder" means post-traumatic stress disorder as described in the Fifth Edition of the Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association." SECTION 2. Section 386-82, Hawaii Revised Statutes, is amended to read as follows: "§386-82 Claim for compensation; limitation of time. (a) The right to compensation under this chapter shall be barred unless a written claim therefor is made to the director of labor and industrial relations[[]:[]] (1) Within two years after the date at which the effects of the injury for which the employee is entitled to compensation have become manifest; and (2) Within five years after the date of the accident or occurrence which caused the injury. (b) The [foregoing] limitations of time described in subsection (a) shall not apply to a claim for injury [caused]: (1) Caused by compressed air [or due]; (2) Due to occupational exposure to, or contact with, arsenic, asbestos, benzol, beryllium, zirconium, cadmium, chrome, lead, fluorine, or other mineral or substance with carcinogenic properties, as incorporated in the Hawaii Occupational Safety and Health Standards[, or]; (3) Due to exposure to X-rays, radium, ionizing radiation, or radioactive substances[,]; or (4) Due to post-traumatic stress disorder under section 386- , but [such] the claim shall be barred unless it is made to the director, in writing, within two years after knowledge that the injury or disease was proximately caused by, or resulted from the nature of, the employment. The claim may be made by the injured employee or the employee's dependents or by some other person on the employee's or their behalf. The claim shall state in ordinary language the time, place, nature, and cause of the injury." SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 5. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
SECTION 1. Chapter 386, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§386- Compensation for first responders suffering from post-traumatic stress disorder. (a) Notwithstanding any law to the contrary, a claim of post-traumatic stress disorder suffered by a first responder shall be compensable under this chapter if:
(1) The post-traumatic stress disorder is demonstrated by clear and convincing evidence;
(2) The post-traumatic stress disorder resulted from the first responder acting within the course and scope of the first responder's employment; and
(3) The first responder is examined and subsequently diagnosed with post-traumatic stress disorder by a psychiatrist licensed under chapter 453 or a psychologist, and the psychiatrist or psychologist determines that the post-traumatic stress disorder is due to one or more of the following:
(A) Seeing for oneself a deceased minor;
(B) Directly witnessing the death of a minor;
(C) Directly witnessing an injury to a minor who subsequently died before or upon arrival at a hospital emergency department;
(D) Participating in the physical treatment of an injured minor who subsequently died before or upon arrival at a hospital emergency department;
(E) Manually transporting an injured minor who subsequently died before or upon arrival at a hospital emergency department;
(F) Seeing for oneself a decedent whose death involved grievous bodily harm of a nature that shocks the conscience;
(G) Directly witnessing a death, including suicide, that involved grievous bodily harm of a nature that shocks the conscience;
(H) Directly witnessing the killing of one person by another, regardless of whether the act was criminal or excusable, including:
(i) A mass killing as defined in 28 U.S.C. section 530C(b)(1)(M); and
(ii) Murder in the first degree, murder in the second degree, manslaughter, negligent homicide in the first degree, and negligent homicide in the second degree, as those crimes are defined in chapter 707;
(I) Directly witnessing an injury, including by attempted suicide, to a person who subsequently died before or upon arrival at a hospital emergency department if the person was injured by grievous bodily harm of a nature that shocks the conscience;
(J) Participating in the physical treatment of an injury, including by attempted suicide, to a person who subsequently died before or upon arrival at a hospital emergency department if the person was injured by grievous bodily harm of a nature that shocks the conscience; or
(K) Manually transporting a person who was injured, including by attempted suicide, and who subsequently died before or upon arrival at a hospital emergency department if the person was injured by grievous bodily harm of a nature that shocks the conscience.
(b) Eligibility for benefits for a first responder under this section shall not require a physical injury to the first responder.
(c) For the purpose of subsection (a)(2), a first responder is not acting in the course and scope of the first responder's employment if the first responder is:
(1) Off duty; or
(2) Outside the jurisdiction of the first responder's employer.
(d) An agency that employs a first responder, including a first responder who serves as a volunteer, shall provide educational training related to the awareness, prevention, mitigation, and treatment of mental health issues.
(e) The director shall adopt rules pursuant to chapter 91 that specify the injuries that qualify as grievous bodily harm of a nature that shocks the conscience.
(f) If any other part of this chapter conflicts with this section, this section shall control.
(g) As used in this section:
"Directly witness" means to see or hear for oneself.
"Emergency medical attendant" means a person employed by an emergency ambulance service to provide emergency medical services, including emergency medical service personnel who are licensed under part II of chapter 453.
"Firefighter" means a person who works for a state or county agency whose principal duties are to prevent and fight fires. "Firefighter" includes a volunteer firefighter as that term is defined in section 386-181(a).
"First responder" means:
(1) A firefighter;
(2) A law enforcement officer;
(3) An emergency medical attendant;
(4) An emergency dispatcher or call taker who is employed by a law enforcement or public safety agency in the State;
(5) A crime scene investigator who is employed by a law enforcement or public safety agency in the State;
(6) A forensic investigator who is employed by a law enforcement or public safety agency in the State; or
(7) A coroner or medical examiner who is employed by a state or county agency.
"Law enforcement officer" means a sheriff or deputy sheriff, a police officer, an enforcement officer within the division of conservation and resources enforcement of the department of land and natural resources, a special agent of the department of the attorney general, and any other public servant vested by law with a duty to maintain public order, make arrests for offenses, or enforce criminal laws, whether that duty extends to all offenses or is limited to a specific class of offenses. "Law enforcement officer" includes police chaplains, reserve police officers, reserve public safety law enforcement officers, sheriffs' chaplains, volunteer boating enforcement officers, and volunteer conservation and resources enforcement officers as those terms are defined in section 386-181(a).
"Manually transporting" means to perform physical labor to move the body of a wounded person for the wounded person's safety or medical treatment.
"Post-traumatic stress disorder" means post-traumatic stress disorder as described in the Fifth Edition of the Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association."
SECTION 2. Section 386-82, Hawaii Revised Statutes, is amended to read as follows:
"§386-82 Claim for compensation; limitation of time. (a) The right to compensation under this chapter shall be barred unless a written claim therefor is made to the director of labor and industrial relations[[]:[]]
(1) Within two years after the date at which the effects of the injury for which the employee is entitled to compensation have become manifest; and
(2) Within five years after the date of the accident or occurrence which caused the injury.
(b) The [foregoing] limitations of time described in subsection (a) shall not apply to a claim for injury [caused]:
(1) Caused by compressed air [or due];
(2) Due to occupational exposure to, or contact with, arsenic, asbestos, benzol, beryllium, zirconium, cadmium, chrome, lead, fluorine, or other mineral or substance with carcinogenic properties, as incorporated in the Hawaii Occupational Safety and Health Standards[, or];
(3) Due to exposure to X-rays, radium, ionizing radiation, or radioactive substances[,]; or
(4) Due to post-traumatic stress disorder under section 386- ,
but [such] the claim shall be barred unless it is made to the director, in writing, within two years after knowledge that the injury or disease was proximately caused by, or resulted from the nature of, the employment. The claim may be made by the injured employee or the employee's dependents or by some other person on the employee's or their behalf. The claim shall state in ordinary language the time, place, nature, and cause of the injury."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
INTRODUCED BY: _____________________________
INTRODUCED BY:
_____________________________
Report Title: Workers' Compensation; PTSD; First Responders; Firefighters; Emergency Medical Attendants; Law Enforcement Officers Description: Requires claims of post-traumatic stress disorder suffered by first responders to be compensable under workers' compensation under certain conditions if the post-traumatic stress disorder resulted from the first responder acting within the course and scope of the first responder's employment. Defines "first responder." Exempts injuries caused by post-traumatic stress disorder from certain time limitations applicable to workers' compensation claims. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
Report Title:
Workers' Compensation; PTSD; First Responders; Firefighters; Emergency Medical Attendants; Law Enforcement Officers
Description:
Requires claims of post-traumatic stress disorder suffered by first responders to be compensable under workers' compensation under certain conditions if the post-traumatic stress disorder resulted from the first responder acting within the course and scope of the first responder's employment. Defines "first responder." Exempts injuries caused by post-traumatic stress disorder from certain time limitations applicable to workers' compensation claims.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.