Queensland Firefighters, Compensation, & Cancer

Recently, there has been much discussion about the dangers that our firefighters face while on shift, which unfortunately and far too often may include a cancer diagnosis.

Growing up in a firefighter household, I have seen firsthand the level of dedication, selflessness, and hardship that firefighters display and experience during their careers. Firefighters put themselves on the line for those in the community, doing a dangerous job often in difficult conditions.

Thankfully the Queensland Government has acknowledged these cancer causing dangers, and have changed the way firefighters can claim compensation.

Firefighter Injuries & Workers’ Compensation Claims

Firefighters who are injured physically or emotionally during the ordinary course of employment do have the option of making a claim through WorkCover Queensland.

As employed workers, Firefighters are also able to seek compensation by making a ‘common law’ claim, which requires the worker to prove fault on the part of the employer but does allow for a wider range of loss to be recovered.

Cancer Diagnosis & Compensation

Cancer is a serious issue for firefighters.

Laws were passed by the Queensland Government in late 2015 that came into force on 15 July 2015, which allow firefighters who are diagnosed with certain cancers to make a compensation claim provided that they have been actively firefighting for a minimum amount of time depending on the cancer. This means that the injured firefighter does not have to prove that the injury was caused by his employment, making the claims process easier and quicker.

Specified Disease Diagnosis and the 15 July 2015 Deadline

Claims made through the new laws are not time sensitive, because cancer diagnosis can often come long after the cause of the cancer has passed.

These new laws were made with this in mind, and therefore a firefighter can be diagnosed at any time during or after his or her career, providing that:

1. A diagnosis of one of the12 specified diseases is made after 15 July 2015; and

2. The minimum period of time for active fire fighting service has been met.

This means that a firefighter who retired 5 years ago but was diagnosed after 15 July 2015, for example, would be immediately able to seek compensation under the new laws.

Unfortunately, firefighters diagnosed prior to 15 July 2015 will not get the benefit of an easier and quicker process compared to those who are diagnosed after that date. However, if a firefighter has been diagnosed with a specified disease before 15 July 2015 and has been actively firefighting for the minimum period noted in the table above, there may be other avenues to achieve a successful compensation outcome but due to the complexity and difficulty of these options it is suggested that you seek the advice of a legal practitioner as soon as possible should you be in this situation.