Skip to content
MN Comp BuddyBuilt by Dan Swenson, Robert Wilson & Associates

Does Minnesota Workers' Comp Cover PTSD?

PTSD is the only stand-alone mental injury Minnesota workers' comp pays, for dates of injury on or after October 1, 2013. Diagnosis rules, the first-responder presumption, and what other mental-health claims still need.

By Daniel Swenson, Minnesota workers' compensation attorney, Robert Wilson & AssociatesUpdated Reviewed

Yes. Minnesota pays workers' compensation for post-traumatic stress disorder as a stand-alone mental injury. The Department of Labor and Industry states the rule this way: for dates of injury on or after October 1, 2013, work-related PTSD can be compensable without a physical injury.

That is Minn. Stat. § 176.011, subdivisions 15 and 16. It is not a general mental-health benefit.

What the statute requires

PTSD is compensable when all of these are true:

  • it arose out of and in the course of employment,
  • a licensed psychiatrist or psychologist diagnosed it using the most recently published DSM,
  • it did not result from a disciplinary action, work evaluation, job transfer, layoff, demotion, promotion, termination, retirement, or a similar action taken in good faith by the employer.

Anxiety, depression, or "stress" without a PTSD diagnosis is a different claim. DLI still treats those as compensable only when they accompany a physical work injury.

That second path matters. A physical work injury (a fracture, a hand injury, a concussion) can later produce depression or PTSD as a consequence of the injury. That is not the 2013 stand-alone PTSD statute doing the work. It is the ordinary rule that the employer takes the worker as they are, including mental sequelae of a compensable physical injury. The diagnosis still has to come from a psychiatrist or psychologist. The fight is usually causation and the IME, not whether Minnesota "covers mental health."

How a judge treats competing PTSD diagnoses

The compensation judge does not sit with the DSM and score the criteria as a checklist. Smith v. Carver County, 931 N.W.2d 390 (Minn. 2019), tells the judge to decide whether each expert diagnosis has foundation and, if both do, which is more credible. The DSM is a guide for clinicians. It is not a worksheet for the court.

The first-responder presumption

For dates of injury on or after January 1, 2019, certain public-safety jobs get a rebuttable presumption. If the worker was on active duty in a listed occupation, has a first-time PTSD diagnosis from a licensed psychiatrist or psychologist, and meets the DSM criteria, the condition is presumed to be an occupational disease. See Minn. Stat. § 176.011, subd. 15(e) and Juntunen v. Carlton County, 982 N.W.2d 729 (Minn. 2022).

DLI's list includes licensed police officers, firefighters, paramedics, EMTs, licensed nurses providing emergency medical services outside a medical facility, public safety dispatchers, corrections or detention officers, sheriffs and full-time deputy sheriffs, and Minnesota State Patrol members. The statute controls if the list later changes.

The insurer can rebut the presumption with substantial factors. Factors known at the time of denial must be stated on the denial. A competing IME is the usual path; see what happens at an IME.

Everyone else still has to prove the work connection. The 2013 PTSD rule applies. The 2019 presumption does not.

Treatment and permanency

Treatment criteria live in Minn. R. 5221.6700. That is the PTSD treatment parameter, effective May 4, 2020.

Permanency is not a published percent on the PPD schedule. A rating, if any, is by analogy under Weber, with a physician explaining the comparison. Do not treat a blog number as your rating.

If the claim is denied

A PTSD denial is a liability denial. The next paper is often a Claim Petition, not a NOID. Read denied workers' comp in Minnesota.

Notice to the employer still has a clock. Report the condition when you knew or should have known it was work-related. See how long to report a work injury.

Think this might be your situation?

A short call can tell you whether the pattern here matches your claim and what the next step would be. If there's no claim, you'll hear that too.

You will reach Dan Swenson, a Minnesota work comp attorney at Robert Wilson & Associatesand the person who built this site. The call is free. The tools stay free either way.

Related guides

Tools for this part of your claim

Use the tools that fit the issue you just read about. They are free, require no login, and keep your entries on your device.