A BILL for an Act to create and enact a new section to chapter 65-05 of the North Dakota Century Code, relating to posttraumatic stress disorder duration limits; to amend and reenact subsection 11 of section 65-01-02 of the North Dakota Century Code, relating to workers' compensation coverage for posttraumatic stress disorder; to provide for application; and to provide an expiration date.
SB 2181 would revise North Dakota’s workers’ compensation definition of “compensable injury” to address posttraumatic stress disorder (PTSD) claims and would add a new limit on PTSD disability benefits. Under the bill, PTSD could be compensable only if the employee proves the condition arose from an extraordinary work-related event involving unusual stress, is diagnosed by a licensed psychiatrist or psychologist, meets DSM-5-TR criteria, did not pre-exist the event, and is at least 50 percent caused by the work event. The bill also specifies that PTSD cannot be based on certain good-faith employer actions such as discipline, evaluations, transfers, layoffs, demotions, or terminations.
The bill creates a separate section limiting disability benefits for PTSD to no more than 32 weeks from the first report of injury or two PTSD claims in an employee’s lifetime. It applies to injuries on or after August 1, 2025, and expires July 31, 2029. The measure would amend existing workers’ compensation law in chapter 65-01 and add a new duration-limit provision in chapter 65-05, affecting both claim eligibility and benefit duration for covered workers.
If enacted, SB 2181 would narrow and clarify how PTSD is treated under North Dakota workers’ compensation law by codifying a specific compensability standard and by imposing a time-and-frequency cap on PTSD disability benefits. It would affect injured workers seeking PTSD benefits, employers, insurers, and the state workers’ compensation system by limiting exposure to long-duration PTSD claims and by excluding claims tied to routine personnel actions taken in good faith. The bill would operate only for injuries sustained on or after August 1, 2025, and would sunset after July 31, 2029.
The bill did not advance, failing on Senate second reading by a vote of 16 yeas to 29 nays. That vote suggests the proposal faced substantial opposition in the chamber. Because there are no committee transcripts provided, the available record shows the outcome more clearly than the debate, but the floor vote indicates the measure was not broadly supported.
The main point of contention appears to be the bill’s restriction of PTSD workers’ compensation claims and its hard limits on benefits. Supporters likely viewed the measure as a way to tighten standards, reduce uncertainty, and control costs in the workers’ compensation system, while opponents likely objected to the added barriers for workers with legitimate PTSD claims and the lifetime cap on benefits. The exclusion of claims arising from disciplinary actions, evaluations, transfers, layoffs, demotions, or terminations may also have been controversial, especially for public safety employees and other workers in high-stress occupations.