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When Nature Strikes: How Disasters are Exposing the Cracks in Workers' Compensation

Firefighter iStock-176891367

Whether it’s wildfires in the West or catastrophic floods in Texas, Mother Nature is no longer a distant threat — she’s a daily force reshaping lives, communities, and the infrastructure meant to protect workers. As climate-driven disasters grow in frequency and intensity, they reveal certain gaps in workers’ compensation coverage.

Texas Floods

July 2025 will be remembered as one of the most devastating months in recent Texas history. Torrential rains dumped over 20 inches of water across Kerr and Bandera Counties, submerging entire communities and taking 103 lives, including 36 children. Among the hardest hit was Camp Mystic, where a flash flood struck in the early morning hours, catching many off guard.

Despite alerts from the National Weather Service (NWS) , including Flash Flood Warnings and a Flash Flood Emergency, many residents and workers never received the message. Local governments, which typically supplement federal alerts with their own emergency notifications, also failed to amplify the warnings. In Kerr County, officials had previously acknowledged the need for a $1 million flood warning system but declined to implement it, citing pressure from a fiscally conservative tax base. Additionally, after the July 4 disaster, officials admitted public resistance to spending was a major factor in the county’s lack of specialized warning systems.

The tragedy doesn’t end with the storm—it continues in the aftermath, where seasonal workers like camp counselors, kitchen staff, and groundskeepers face a quieter struggle, many without the protection of workers’ compensation. Because young, temporary hires are excluded from workers’ compensation coverage in Texas and other states, even if they were injured or traumatized while on duty, they may not be eligible for medical care, wage replacement, or mental health support.

Mental health claims are especially difficult to pursue. Seasonal workers often don’t meet the legal definition of “employee,” their contracts end before symptoms emerge, and PTSD claims require extensive documentation. As a result, many are left without recourse or recognition for the trauma they endured while serving others.

Wildfires

Meanwhile, in the West, wildfires have become a year-round crisis. Fueled by climate change, drought, and expanding development, the 2025 wildfire season is already proven to be destructive.

Firefighters, especially wildland and seasonal crews, are bearing the brunt. Injury claims surged by over 30% in the past five years, with many linked to smoke inhalation, heat exhaustion, and hazardous terrain. But the physical toll is only part of the story.

Firefighters also face an ongoing mental health crisis, driven by repeated exposure to trauma. Evacuating families, witnessing destruction, and losing colleagues, have all led to a sharp rise in PTSD, anxiety, and depression.

Several states are responding. For example, Massachusetts legislators introduced S.1821 in 2025, which establishes a presumption that PTSD-related disability or death is service-connected for full-time uniformed members of fire departments (as well as police, EMS, and other public safety roles). While the bill remains in the Senate, the bill would be a critical step in removing barriers to care.

But even with such reforms, many firefighters still struggle to access benefits. Workers’ compensation systems remain outdated, requiring burdensome documentation and often denying mental health claims. And again, seasonal and contract firefighters, who make up 70-80% of the wildfire workforce, find themselves excluded from such benefits.

However, there is hope for positive change. The Modernizing Wildfire Safety and Prevention Act of 2025 (US HR 1923) introduced in Congress, aims to overhaul how the U.S. prepares for and responds to wildfires. The bill includes:

  • Expanded mental health and casualty assistance for wildland firefighters
  • New training academies and grant programs
  • A national smoke monitoring system
  • Improved retirement and service protections for federal fire personnel

These reforms are backed by a broad coalition, signaling a growing recognition that the system must evolve.

Nature Isn’t Waiting — Neither Should We

Mother Nature is testing the limits of our preparedness and our compassion. The workers who step up in these moments of crisis deserve more than applause. They deserve protection, recognition, and a system that works for them.

For those who fall through the cracks and cannot receive any workers’ compensation benefits, federal and state disaster relief programs offer a lifeline. The Federal Emergency Management Agency (FEMA) provides Individual Assistance for housing, medical expenses, and personal property loss. Disaster Unemployment Assistance (DUA) supports those who lose jobs due to disasters but don’t qualify for traditional unemployment benefits. Programs like the Crisis Counseling Assistance and Training Program (CCP) offer short-term mental health support to survivors coping with trauma. These programs can still help even if someone is receiving workers’ compensation, as long as the assistance doesn’t duplicate benefits already covered, but most importantly, they offer some relief to the heroes unable to receive workers’ compensation.

As disasters become more frequent and severe, we may consider modernizing workers’ compensation to reflect the realities of today’s climate and the people risking everything to keep others safe.