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.

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.

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The above is general information only and not intended to be legal advice. You should not rely on this information to make decisions but should seek expert legal advice about your specific circumstances.