Firefighters are among the bravest members of our society, risking their lives daily to protect others. However, the dangers they face extend beyond the fires they fight. Long-term exposure to hazardous materials and toxic substances increases their risk of developing serious illnesses, including cancer. 

Many states have enacted a Firefighter Cancer Presumption Law to address these risks. The law plays a big role in protecting firefighter rights and ensuring they receive the benefits and compensation they deserve if diagnosed with cancer linked to their line of duty.

What is the Firefighter Cancer Presumption Law?

The Firefighter Cancer Presumption Law provides that certain cancers in firefighters are presumed to be work-related, qualifying them for workers’ compensation and other benefits without needing to prove a direct causal link between their illness and their job. Under New York statute Sec. 363-a and New Jersey statute Section 34:15-31.8 and Section 34:15-43.2, this presumption simplifies the claims process, acknowledging the unique risks and exposures inherent in firefighting. 

Typically, the law covers cancers known to be linked to the chemicals and toxins firefighters encounter, including:

• Lung cancer
• Leukemia
• Bladder cancer
• Non-Hodgkin’s lymphoma
• Prostate cancer

To qualify under the law, firefighters often need to meet specific requirements, such as:

• A minimum number of years of service (5 years)
• A documented history of exposure to hazardous materials
• Evidence of routine medical exams prior to the diagnosis

You can learn more about the law and each state’s statutes, here.

Why Is the Law Necessary?

Firefighters are exposed to carcinogens such as benzene, asbestos, formaldehyde, and other hazardous substances while battling fires or cleaning equipment. These exposures increase their risk of developing cancer at rates higher than the general population. According to the National Institute for Occupational Safety and Health (NIOSH), firefighters are 9% more likely to develop cancer and 14% more likely to die from cancer than the average person.

Without the presumption law, firefighters would face significant hurdles in proving that their illness is work-related. For example, tracing cancer to a specific incident of exposure is nearly impossible due to the cumulative nature of the risks involved. The law bridges this gap, providing firefighters the support they need during difficult times.

How Common Are Firefighter Deaths and Injuries Linked to Cancer?

Cancer is now the leading cause of death among firefighters, surpassing fatalities from burns, smoke inhalation, and other job-related injuries. Studies show that nearly 70% of firefighter deaths in the line of duty are linked to cancer. This statistic underscores the gravity of the issue and the importance of laws designed to support firefighters and their families.

In addition to cancer, firefighters often suffer other injuries and illnesses due to the hazardous nature of their work. From respiratory diseases to musculoskeletal injuries, the scope of firefighter injury is broad, further highlighting the need for comprehensive legal protections under firefighter law.

Challenges in Accessing Benefits

While the Firefighter Cancer Presumption Law is a significant step forward, it is not without challenges. Insurers and employers sometimes dispute claims, arguing that a firefighter’s cancer is unrelated to their work. In such cases, firefighters may need legal representation to advocate for their rights.

Additionally, the law varies by state, with differences in the types of cancers covered, the length of service required, and the evidence needed to file a claim. 

Protecting Firefighter Rights

Firefighters dedicate their lives to serving and protecting their communities. The Firefighter Cancer Presumption Law is an acknowledgment of the risks they undergo to protect us each and every day.

At Sullivan Papain, we are committed to protecting firefighter rights. Our team has extensive experience in firefighter injury cases and understands the challenges these heroes face. If you or a loved one is a firefighter who has been diagnosed with cancer, consult with one of our experienced personal injury attorneys today.

About the Firm

As a full-service personal injury firm, Sullivan Papain Block McManus Coffinas & Cannavo P.C.. specializes in all areas of personal injury. Our dedicated litigation support teams diligently and vigorously represent clients, including matters related to 9/11-related illness, personal injury, car accidents, construction accidents, medical malpractice, premises liability, product liability, and firefighter law across New York City, Long Island, Nassau, and Suffolk counties, as well as New Jersey.

To learn more about our firm or schedule a consultation with an attorney, contact us today.