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In 2017, The Dispatch conducted a statewide survey of 1,300 firefighters and learned around half of them felt that cancer was their biggest risk on the job. The survey also found that 1 in 6 firefighters had received a cancer diagnosis at some point in their careers. The American Cancer Society reports that risks not only come from fire itself, in which all types create a mixture of toxic combustion products, but also from exposure to diesel fumes expelled by emergency vehicles. Sadly, even chemicals such as PFAS, which are at best believed to be possibly carcinogenic, can be found in equipment meant to protect firefighters.
Experiences and reports such as these are likely why the Ohio Legislature decided to consider, by presumption, that cases of cancer in firefighters were caused by their employment conditions. Certain criteria must be met for claim approval, but this legislation makes it possible for many of these community heroes to be found eligible for workers’ compensation benefits.
At the time the law was enacted, the BWC and State Fire Marshal announced a $1.5 million joint fund for exposure prevention and training. As of July 1, 2024, The Firefighter Exposure to Environmental Elements Grant (FEEEG) has re-opened. FEEEG is only available to Ohio firefighter employers to assist with minimizing exposure to dangerous environmental elements.
Grant funds can be used to purchase various types of machinery and gear such as diesel exhaust systems, extractors/washing machines for turnout gear or PPE, hoods with barrier protection, Turnout gear and dryers, and washable gloves.
Ohio BWC Approval Requirements
Any type of cancer and its recommended treatment can be covered under the workers’ compensation claim. An eligible firefighter must be under 70 years old and have served a minimum of six years on hazardous duty. Additionally, the hazardous duty service must have occurred within the last 15 years.
Employers still have the opportunity to dispute these claims. If there is proof the firefighter was exposed to cancer-causing agents while off duty, such as tobacco products, claim approval may be prohibited or at least more challenging to obtain. A knowledgeable attorney can analyze your specific circumstances and work with you to build a strong case.
In the largest study of United States firefighters ever undertaken, the Centers for Disease Control and Prevention found that compared with the US population, mortality from all cancers was modestly elevated including respiratory, digestive, and urinary cancers. Findings also showed an increased number of deaths from rectal, skin, kidney, lymphatic and hematopoietic cancers, non-Hodgkin’s lymphoma, and multiple myeloma.
Additionally, the group of firefighters in the study had a rate of mesothelioma two times larger than the rate in the U.S. population as a whole.
It’s wise to speak with an experienced attorney before filing a workers’ compensation claim for any occupational disease, including cancer. For firefighters specifically, the Ohio BWC created form C-265, otherwise known as a Presumption of Causation for Firefighter Cancer form. This form should be completed and provided in addition to the First Report of an Injury, Occupational Disease or Death (FROI) form.
Form C-265 asks a number of questions the Ohio BWC will use to determine eligibility, including;
- Age of firefighter
- First and last date of service
- Diagnosis and provider who made it
- Exposure to carcinogenic agents (asbestos, benzene, formaldehyde, silica, etc.)
- Length and dates of assignment to hazardous duty
At Schaffer & Associates, we understand that cancer is a very real threat our brave firefighters face. It’s no secret that in their line of work, firefighters are exposed to numerous risks and hazards other than cancer on a daily basis. We take their cases seriously and proudly work to help them secure the benefits they deserve.
