Firefighters and Cancer – Are Workers’ Comp Laws Enough?

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It’s no secret that firefighters put their lives and health at risk on the job. In addition to flames and smoke, firefighters are exposed to many chemicals and toxins. In fact, the CDC reports that firefighters have a higher rate of cancer than the U.S. population as a whole. Because of these risks, more than thirty states have adopted “presumption laws” to help firefighters with cancer diagnoses more easily secure workers’ compensation benefits.

Presumption laws shift the burden of proof from the firefighter over to the party opposing the compensation. However, among states without presumption laws, a firefighter’s right to compensation after a cancer diagnosis can be limited. Delaware is a state without these types of laws.

Without presumption laws, it can be much more difficult to receive workers’ comp benefits when you’re a firefighter facing a cancer or mesothelioma diagnosis after years on the job. Some patients may even be required to prove that a particular chemical or toxin from a particular fire caused their condition. Obviously, this can be nearly impossible. And, workers’ compensation insurance companies may claim there is no definitive link between fighting fires and cancer to avoid paying out benefits.

Even states with presumptive laws may not provide protection for firefighters for as long as they need the benefits; i.e., long after they’ve left the job or retired. Dr. Jefferey Burgess, an environmental health researcher at the University of Arizona College of Public Health, explains that cancer can develop “anywhere from less than five years to over 30 years” after exposure to carcinogens. “From my perspective, I believe we’ve clearly demonstrated that firefighting is associated with cancer,” he adds.

The good news is that the issue is beginning to attract attention in Washington. Last year, President Trump signed legislation requiring the CDC to develop and maintain a registry of firefighters who develop cancer – The Firefighter Cancer Registry Act of 2018. The Act provides $2 million for the CDC to collect and analyze data, including years of service, types of fires and incidents, and cancers developed.

The goal of the study is twofold – to improve current safety protocols and equipment as well as develop better techniques to protect firefighters from carcinogens and toxins on the job.

If you developed a life-threatening or disabling condition on the job, the workers’ comp attorneys at Silverman, McDonald & Friedman can help. We bring years of experience to the table, protecting your rights to the benefits you deserve. We represent clients in the Wilmington, Seaford, and Newark areas. Call 302-888-2900 or fill out our contact form today.