Firefighter Cancer Presumption
Firefighter cancer presumption update
The Government of Yukon has committed to making amendments to the Workers’ Safety and Compensation Act that will include wildland forest firefighters in the firefighter cancer presumption.
Once the proposed presumption is enacted, wildland forest firefighters with a cancer diagnosis who meet the service requirements will be presumed to have contracted the disease as a result of their work. When an application is submitted, the Workers’ Safety and Compensation Board will operate under an initial assumption of coverage while their full medical picture is reviewed.
The government is advancing this commitment as quickly as possible. This page will be updated when any changes are enacted. For more information, see the FAQ below.
About the Firefighter Cancer Presumption
If you are or have been a firefighter and have been diagnosed with a cancer listed in the following chart, the cancer may be presumed to be a work-related injury and you may be eligible for benefits.
The presumption streamlines the claims adjudication process by recognizing certain cancers as work-related when specific criteria are met.
It currently applies to full-time, part-time, and volunteer firefighters who have been engaged as a firefighter for the minimum cumulative period of service for the specified cancer.
You must submit your claim for compensation within 12 months of being diagnosed with a listed cancer for the presumption to apply.
|
Listed Disease |
Minimum cumulative period of service |
|
Multiple myeloma |
15 years |
|
Primary leukemia |
5 years |
|
Primary non-Hodgkin’s lymphoma |
20 years |
|
Primary site bladder cancer |
15 years |
|
Primary site brain cancer |
10 years |
|
Primary site breast cancer |
10 years |
|
Primary site cervical cancer |
10 years |
|
Primary site colo-rectal cancer |
15 years |
|
Primary site esophageal cancer |
25 years |
|
Primary site kidney cancer |
20 years |
|
Primary site lung cancer |
15 years |
|
Primary site pancreatic cancer |
10 years |
|
Primary site ovarian cancer |
10 years |
|
Primary site penile cancer |
15 years |
|
Primary site prostate cancer |
15 years |
|
Primary site skin cancer |
15 years |
|
Primary site testicular cancer |
10 years |
|
Primary site thyroid cancer |
10 years |
|
Primary site ureter cancer |
15 years |
If you have been diagnosed with a different cancer or do not meet the minimum period of service, the presumption does not apply but you can still submit a claim and it will be determined based on the criteria established under the Workers’ Safety and Compensation Act, evidence submitted and merits of the case.
For more information see Section 17.1 STATUTES OF THE YUKON
How to submit a claim
Start the process by filling out an Application for Compensation Benefits.
FAQ
Yes, wildland forest firefighters have always been, and continue to be, eligible for compensation benefits if they have been diagnosed with a cancer that was caused by their work. This presumption means the claims adjudication process is expedited. It makes the process quicker and more predictable.
At WSCB, a “presumption” means the injury or illness is considered to be work-related unless there is evidence to the contrary. A presumption allows WSCB to expedite a claim and provide compensation benefits for these types of work-related injuries without having to determine work-relatedness under WSCB’s standard policy.
In the Yukon, a “wildland forest firefighter” means a worker who is engaged exclusively in fighting forest fires. Support staff or any other worker who are not directly engaged in fighting fires, who are injured, could still be eligible for compensation, but not under the presumption.
Yes, even after the presumption is enacted, wildland forest firefighters must still submit an application for compensation to WSCB.
In recognition of the hazardous work wildland forest firefighters are engaged in, there is a national trend of amending legislation to include wildland forest firefighters in cancer presumptions. British Columbia, Saskatchewan, Ontario and Nova Scotia, for example, have all amended their legislation in the past several years.
It’s important to note that every jurisdiction is governed by its own legislation. When it comes to any type of presumption, no two jurisdictions are the same.
We welcome your comments here.