House Bill 2797 went into effect in West Virginia on July 11, 2025.
This bill allows mental/mental claims for PTSD only if filed by first responders, the diagnosis is made by a licensed medical professional, and the claim is filed within three (3) years of the date of injury. Significantly, however, in order for PTSD to be compensable, the employer MUST have elected to provide coverage for PTSD from its workers’ compensation insurance carrier or through its self-insurance program. If the employer did not elect coverage for PTSD, then the claim can be denied.
Mental/mental claims are not otherwise compensable in West Virginia.
