New Legislation Changes Workers' Comp for Firefighters

Print this article

House Bill 216 Provides Workers’ Compensation Coverage for Firefighters Diagnosed With Cancer

As a result of the passage of House Bill 216, Georgia firefighters who are diagnosed with cancer may be covered by workers’ compensation beginning July 1, 2016. A firefighter who receives a cancer diagnosis must show by a preponderance of the evidence, including medical evidence, that the cancer is attributable to the performance of his or her duties as a firefighter. If that can be proven, the claim will be compensable, and the employer will be responsible for lost time and medical benefits, as well as compensation for any resulting permanency or a death benefit if the cancer is incurable.

While the number of cancer claims filed is not anticipated to be significant, those that are compensable are predicted to be costly. Cancer claims are expected to be long-term claims, whether due to treatment, death benefits, or both.

There will be no immediate costs to counties due to this new law, but as claims are filed and costs are incurred, the expense will be passed on to the employer in the form of higher premiums for paid and volunteer firefighters, if the latter are covered by resolution. It is difficult to estimate how much the cost will be since there are data limitations and conflicting studies on the connection between certain occupational diseases and the firefighting profession.

"It is reasonable to provide workers’ compensation benefits to a firefighter who contracts cancer due to the performance of their job," David Uhlman, ACCG’s director of insurance programs, said. "Many forms of cancer, however, are caused by other risk factors, such as smoking and heredity."

"We are hopeful that Administrative Law Judges that determine the compensability of claims will require and insist upon sufficient proof that the cancer was truly job-related," he continued.

There are other concerns with the bill. If a firefighter has been employed by numerous cities and counties, which entity is responsible for the payment of benefits? Unlike a typical on-the-job injury, which can be pinpointed to a specific date and time, cancer is generally contracted over a period of months or years. The law does not provide a coverage ‘trigger,’ so, at this time, it is not known if coverage is the responsibility of the employer where the exposure took place or the employer when the disease was diagnosed.

Another concern is the service requirement. How long must a firefighter have worked before they can file a claim? How long after their retirement or termination can they file a claim?

ACCG Insurance Programs is currently working with legal counsel to assist counties with tips to minimize their exposure to cancer claims. While this may involve suggestions for equipment or procedures that could better protect firefighters, it may also include pre-employment physicals; documentation of firefighters with existing risk factors or habits like smoking; or better record keeping to document exposure to known carcinogens to clarify which cancer claims are work-related.

While many support providing workers’ compensation to firefighters who contract cancer due to the performance of their job, it is important to remember the cost impact to the counties’ workers’ compensation premiums as well. The ACCG Workers’ Compensation Fund and the few commercial insurance companies that currently write this coverage will keep a close eye on future claims resulting from the passage of the bill.

For questions about this new policy, please contact ACCG's David Uhlman at duhlman@accg.org or Ashley Abercrombie at aabercrombie@accg.org.