N.J.: Workers’ compensation benefits expanded for first responders’ mental health needs

September 2, 2025

In a move to support the mental well-being of New Jersey’s first responders, Gov. Phil Murphy signed A.5792 into law on Aug. 21, 2025. The legislation, which passed both chambers of the New Jersey Legislature without opposition, establishes confidential mental health counseling benefits under the state’s workers’ compensation system for eligible first responders who experience traumatic incidents on the job.

The new law recognizes the unique psychological toll that first responders endure in the line of duty—whether responding to violent crimes, witnessing tragedies involving children or facing life-threatening emergencies. It provides up to 12 hours of paid, confidential counseling for first responders involved in a defined “critical incident,” such as the death of a colleague, a terrorist act or a shooting. The counseling must be provided by a licensed mental health professional who specializes in treating first responders and understands the cultural nuances of their work environment.

Crucially, if the mental health professional determines that more treatment is necessary, the employer also must cover up to 24 additional hours of counseling. All sessions must be completed within one year of the first visit. Notably, first responders are permitted to choose their own counselor and they cannot be required to use accrued sick or vacation leave for these sessions—even if they occur during working hours.

The new law also strengthens the confidentiality of peer support programs. Communications between law enforcement officers and designated resiliency program officers or peer support team members now are protected, with exceptions only in cases involving potential harm or evidence of a crime. This provision is designed to encourage first responders to seek help without fear of professional or legal repercussions.

Sponsored by Assemblyman Roy Freiman, D-16, and Assemblywoman Mitchelle Drulis, D-16, and co-sponsored by a bipartisan coalition, this law takes effect immediately, and it reflects a growing national awareness of the mental health challenges facing emergency personnel.

PIANJ applauds this development as a win for the insurance industry and public safety alike. Ensuring that first responders have access to treatment when they need it can reduce the long-term costs associated with untreated trauma, such as disability claims and early retirement. It’s a smart, compassionate policy—and one that could serve as a model for other states.

Bradford J. Lachut, Esq.
PIA Northeast |  + posts

Bradford J. Lachut, Esq., joined PIA as government affairs counsel for the Government & Industry Affairs Department in 2012 and then, after a four-month leave, he returned to the association in 2018 as director of government & industry affairs responsible for all legal, government relations and insurance industry liaison programs for the five state associations. Prior to PIA, Brad worked as an attorney for Steven J. Baum PC, in Amherst, and as an associate attorney for the law office of James Morris in Buffalo. He also spent time serving as senior manager of government affairs as the Buffalo Niagara Partnership, a chamber of commerce serving the Buffalo, N.Y., region, his hometown. He received his juris doctorate from Buffalo Law School and his Bachelor of Science degree in Government and Politics from Utica College, Utica, N.Y. Brad is an active Mason and Shriner.

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