Access to workers’ compensation for occupational cancer eases the burden on individuals and their families and provides some financial security and support, so that the fight for life remains top priority.
Presumptive legislation enables a quicker and a less legalistic process for accessing workers’ compensation.
Some firefighters who are diagnosed with cancer don’t claim workers’ compensation due to a mistaken belief that unless they have a cancer in the list and have done the qualifying periods under the presumptive legislation, that they cannot make a claim.
You can: You just claim under a different legal test.
As a firefighter, whether that be permanent, auxiliary or volunteer, if you are diagnosed with cancer, and:
- it’s not on the list, or
- you haven’t done the qualifying years, or
- it’s one of the new cancers that will soon be on the list but isn’t yet,
you can still apply for workers’ compensation and with the right advocacy and expert medical evidence put forward in support of your claim, your claim can be accepted.
The current list of cancers and qualifying periods for the presumptive legislation is set out below:
| Disease | Minimum number of years |
| Primary Site Brain Cancer | 5 years |
| Primary Site Bladder Cancer | 15 years |
| Primary Site Kidney Cancer | 15 years |
| Primary Non-Hodgkins Lymphoma | 15 years |
| Primary Leukaemia | 5 years |
| Primary Site Breast Cancer | 10 years |
| Primary Site Testicular Cancer | 10 years |
| Multiple Myeloma | 15 years |
| Primary Site Prostate Cancer | 15 years |
| Primary Site Ureter Cancer | 15 years |
| Primary Site Colorectal Cancer | 15 years |
| Primary Site Oesophageal Cancer | 25 years* |
A Bill was recently introduced into the Queensland Parliament to update and expand the list. These amendments, once enacted will expand the list of cancers to include:
| Disease | Minimum number of years |
| Asbestos Related Diseases | 15 years |
| Primary Site Liver Cancer | 15 years |
| Primary Site Lung Cancer | 15 years |
| Primary Site Skin Cancer | 15 years |
| Primary Site Cervical Cancer | 10 years |
| Primary Site Ovarian Cancer | 10 years |
| Primary Site Pancreatic Cancer | 10 years |
| Primary Site Penile Cancer | 15 years |
| Primary Site Thyroid Cancer | 10 years |
| Malignant Mesothelioma | 15 years |
* The qualifying period for oesophageal cancer will also be reduced from 25 years down to 15 years.
Leeha James and James Law have assisted firefighters and their families with a cancer diagnosis to access workers compensation since 2010, well before presumptive legislation commenced.
James Law continue to assist firefighters with cancer, especially when presumption does not apply.