Post-Traumatic Stress Disorder, or PTSD, is a severe mental health condition that can develop after exposure to traumatic events. PTSD can manifest through symptoms such as severe anxiety, depression, nightmares, flashbacks, and emotional numbness, which significantly impair one’s ability to function in daily life. PTSD may arise from a single traumatic incident or accumulate over time due to continuous exposure to violence, death, or high-stress situations. Due to the nature of their work, Police officers are at a high risk of PTSD. While some officers may develop symptoms soon after a traumatic event, in others, the signs of PTSD may not surface for months or even years after experiencing trauma.
In compensation claims, the burden of proof lies with the employee to demonstrate that the PTSD is directly related to their work, requiring a clear causal connection to a work-related traumatic event or series of events. This diagnosis must be made by a psychiatrist and is often a diagnosis of exclusion, where other potential causes are ruled out.
Police officers who have been retired on the grounds of ill health due to PTSD often face a lack of understanding and compassion from their employers and the Compensation Fund. The Compensation Fund should provide guidance and advise that medical practitioners, and when necessary, independent medical examinations be conducted in accordance with Section 42 of COIDA. These assessments should be carried out using the DSM-5 (CAPS 5) criteria, and consider other authoritative guidelines, including the American Medical Association’s “Guides to the Evaluation of Permanent Impairment – 6th edition,” National Clinical Practice Guideline Number 29 of the Royal College of Psychiatrists and British Psychological Society, the South African Society of Psychiatrists Treatment Guidelines for Psychiatric Disorders Volume 19, and the Brief Psychiatric Rating Scale. These tools are essential for accurate patient assessment and treatment by doctors and health institutions.
However, there is little guidance provided to health professionals on how to complete the necessary Progress Reports, what assessments are needed, and how to calculate the degree of disability in cases of PTSD. This often leads to insufficient evidence being submitted, resulting in inadequate compensation for those who have put their lives on the line every day
For instance, the recent case of Felix v Department of Labour; the Compensation Commissioner highlighted the challenges in determining the correct percentage of disability for compensation purposes. In this case, the Tribunal’s decision to apply only 20% disability was overturned because the clinical evidence clearly indicated that the appellant was 100% disabled and unable to work due to PTSD. This case underscores the importance of accurate and thorough medical assessments and the need for legal expertise in the complex compensation process.
We need to provide assistance and compassion for those who are vulnerable and in need of legal help.
Written by: Advocate N. Goodwin