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HB 1292

WORKERS COMP-PTSD PRESUMPTION

104th Regular Session Introduced by Kam Buckner and 2 co-sponsors

Illinois bill establishes presumption that work-related PTSD is compensable, easing burden on workers to prove causation but expanding employer/insurer liability.

Rule 19(a) / Re-referred to Rules Committee
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Bill Summary · HB 1292

Legislative bill overview

HB 1292 would establish a presumption that post-traumatic stress disorder (PTSD) arising from work-related events is compensable under Illinois workers' compensation law. This means certain workers—likely first responders, emergency personnel, or other high-risk occupations—would have PTSD automatically presumed to be work-related, shifting the burden of proof away from the employee.

Why is this important

Currently, workers claiming PTSD must prove the condition directly resulted from their job, which is difficult and costly. A presumption would streamline claims for occupations with inherent trauma exposure (police, firefighters, paramedics, etc.), potentially reducing litigation and improving access to mental health treatment and wage replacement benefits. However, it also expands the state's workers' compensation liability and costs to employers and insurers.

Potential points of contention

  • Scope definition: Unclear which occupations qualify for the PTSD presumption—overly broad definitions could include administrative workers, while narrow ones may exclude genuinely at-risk employees
  • Cost implications: Employers and insurers will face increased claims volume and expenses; debate over whether premium increases should be absorbed industry-wide or occupation-specific
  • Causation standards: Creating a presumption weakens the traditional requirement that injuries be "arising out of and in the course of employment," raising concerns about non-work-related PTSD being covered

Compiled from official sources — confirm details with the bill’s official record.

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