Occupational Cancer and Industrial Disease
How or what you were exposed to, and in what circumstances that exposure occurred, will determine which compensation avenue best benefits you. The normal rules for making a claim are very different with occupational cancer and industrial disease, so specialised legal advice should be obtained immediately if you are diagnosed with any of the following diseases:
Firefighters and Occupational Cancer
The effects on firefighters (career and volunteer) who have been exposed to carcinogens (all combustion products, aka smoke), PFOS, PFAS toxins and chemicals at fire scenes and fire extinguisher activities including training have been the subject of scientific research conducted worldwide.
Scientific and epidemiological research has found a clear link between firefighting as an occupation, and the increased risk of developing a lot of different cancers. The World Health Organisation (WHO) in late 2023 reclassified the occupation of firefighting with a Class 1 Carcinogenic to Humans rating.
Presumptive provisions in workers compensation legislation enables a quicker process for accessing workers compensation for a range of specific occupational cancers, if the minimum qualifying periods are met.
But some firefighters who are diagnosed with cancer do not claim workers’ compensation due to a mistaken belief or wrong advice, that unless they have a cancer that is in the presumptive list and they have met the qualifying periods under the Worker’s Compensation and Rehabilitation Act (Qld), that they cannot make a claim. This is incorrect. You can still successfully claim: You just claim under the ordinary “injury” definition within the Act.
As a firefighter, whether that be permanent, auxiliary, volunteer, or retired, if you are diagnosed with cancer, and:
a. it is not on the presumptive list, and/ or
b. you have not done the qualifying years;
you can still apply for workers’ compensation. Specialised legal representation is almost always necessary though if presumption does not apply.
Critical to successfully accessing workers compensation, whether under presumption or not, is the requirement to apply as soon as possible after diagnosis, and definitely within 6 months of diagnosis.
The current list of presumptive cancers in the Worker’s Compensation and Rehabilitation Act (Qld) are:
| CANCER TYPE | YEARS |
| INTEGUMENTARY SYSTEM | |
| primary site skin cancer | 15 years |
| NERVOUS SYSTEM | |
| primary site brain cancer | 5 years |
| ENDOCRINE SYSTEM | |
| primary site thyroid cancer | 10 years |
| URINARY AND REPRODUCTIVE | |
| primary site uterine cancer | 10 years |
| primary site ureter cancer | 15 years |
| primary site bladder cancer | 15 years |
| primary site kidney cancer | 15 years |
| primary site breast cancer (all genders) | 10 years |
| primary site cervical cancer | 10 years |
| primary site ovarian cancer | 10 years |
| primary site prostate cancer | 15 years |
| primary site penile cancer | 15 years |
| primary site testicular cancer | 10 years |
| DIGESTIVE SYSTEM | |
| primary site pancreatic cancer | 10 years |
| primary site colorectal cancer | 15 years |
| primary site liver cancer | 15 years |
| primary site oesophageal cancer | 15 years |
| HEMATOLOGIC (Blood) SYSTEM | |
| primary site leukaemia | 5 years |
| primary site non-Hodgkins lymphoma | 15 years |
| multiple myeloma | 15 years |
| RESPIRATORY SYSTEM | |
| asbestos related disease | 15 years |
| malignant mesothelioma | 15 years |
| primary site lung cancer | 15 years |
If you are diagnosed with cancer and are unsure about what or how to claim, you should seek specialised legal assistance, as these claims can be, and often are, complex due to the very nature of cancer, combined with technical legal arguments about burden of proof and scientific certainty.
Our Accredited Specialist, Leeha James, is a leading Australian expert in Firefighting Cancer and Compensation with over 21 years’ experience in this area.
James Law offer free initial consultations for all firefighters (and their families) who would like to discuss workers’ compensation claims and compensation entitlements.
Mesothelioma
A cancer of the pleura, being the lining of the lungs and other internal organs, which can be caused by relatively low exposure to asbestos fibres.
Lung Cancer
A cancer of the lung tissue, which can be caused by significant exposure to asbestos, even where other factors are also present, such as a history of smoking.
Asbestosis
Scarring in the lung tissue that is usually caused by significant exposure to asbestos, dust and fibre. Although not a form of cancer, this condition can nevertheless be progressive.
Benign Pleural Plaques
Calcium deposits on the lining of the lungs, which usually occurs in areas affected by asbestos exposure. Pleural plaques can cause breathing restriction and chest pain.
Silicosis
Silicosis is not a naturally occurring disease. Its occurrence is directly associated with workplace exposure to silica dust. It is caused from breathing in the crystalline form of silica. Silica is the main component in sand and rocks like sandstone and granite. Many workplaces are not aware that common building products including clay bricks, concrete, tiles and fibro cement products contain silica. Silica dust is usually created when these building products, sandstone or rocks are cut, drilled or worked on in a way that creates fine particles of silica in the air. Industries we typically see a diagnosis of silicosis are in:
• Underground mining, tunnelling and excavation work;
• Extraction and cutting of quartzite, gneiss, granite and slate;
• Foundries;
• Glass manufacturing plants;
• Brick making;
• Manufacture of pottery, porcelain, refractory materials and siliceous abrasives;
• Road building;
• Demolition work where potential sites of silica exist e.g. breaking up concrete;
• Explosive blasting work.
• Underground mining, tunnelling and excavation work;
• Extraction and cutting of quartzite, gneiss, granite and slate;
• Foundries;
• Glass manufacturing plants;
• Brick making;
• Manufacture of pottery, porcelain, refractory materials and siliceous abrasives;
• Road building;
• Demolition work where potential sites of silica exist e.g. breaking up concrete;
• Explosive blasting work.
If excessive amounts of silica dust are breathed into the lungs over a period of time, it can cause damage to the lung tissue. The disease can remain symptom-free for 10 to 20 years after exposure. The most common form of silicosis develops after long exposure to relatively low concentrations. Once the disease has begun, it will continue to progress even if you are removed from further exposure.
Black Lung
The Black Lung, also known as coal workers’ pneumoconiosis is caused by exposure to, or breathing in of, coal dust or graphite. The length of time of exposure is an important factor when looking at a person’s risk of developing the disease. The disease can develop over a lengthy period (even if exposure to the coal dust has stopped), sometimes upwards of 15 years.