Firefighter cancer presumption in Montana
After 4 years of service, Montana presumes 13 cancers are job-related.
This is the law: Mont. Code Ann. § 39-71-1401. Workers' comp cases and death benefits rely on it.
Presumed means the law assumes your job caused the cancer, so your employer has to show it came from something else. Workers' comp (workers' compensation) is the insurance that pays medical bills and part of your lost pay when work makes you sick.
Conditions under Montana's law
- You put in at least 4 years of service.
- Coverage for volunteers applies only if their department opted into this rule and chose workers' comp coverage.
- Within 90 days of your hire date, you must have a medical exam, then checkups at least once every 2 years.
- You can't have used tobacco regularly during the 10 years before you file your claim.
- Within 10 years of your last day doing firefighting work, the cancer must show up.
- A diagnosis on or after July 1, 2019 is required.
The insurer for your employer may say your cancer came from something other than firefighting.
Call about your Montana claim
Questions about your diagnosis, your service record or your deadline go to the claims line: +1 833 853 0496
Cancers Montana covers
| Cancer | Covered in Montana? |
|---|---|
| Bladder cancerAfter 12 years of employment | Yes |
| Cancer of the brainAny type, once you've worked 10 years | Yes |
| Cancer of the breastAfter 5 years; the diagnosis must come before age 40; the cancer can't be linked to genetic predisposition | Yes |
| Cancer of the colon or rectumAfter 10 years on the job | Yes |
| Esophagus cancerAfter 10 years on the job | Yes |
| Kidney cancerAfter 15 years of employment | Yes |
| LeukemiaAfter 5 years of employment | Yes |
| Cancer of the lungAfter 4 years; the type must be one firefighting can cause | Yes |
| MesotheliomaAfter 10 years on the job | Yes |
| Multiple myelomaAfter 15 years of employment | Yes |
| Non-Hodgkin lymphomaAfter 15 years of employment | Yes |
| Testicular cancerAfter 10 years on the job | Yes |
| Cancer of the ovaries, cervix or uterusThe list names only cervical cancer, after 15 years of service; uterine and ovarian cancer are not on it | Partly |
| Liver cancer | Not named |
| Pancreatic cancer | Not named |
| Prostate cancer | Not named |
| Skin cancer, melanoma included | Not named |
| Stomach cancer | Not named |
| Throat or mouth cancer | Not named |
| Thyroid cancer | Not named |
A "Not named" cancer can still be part of a workers' comp claim, but a doctor must tie it to your job.
How do you file a workers' comp cancer claim as a Montana firefighter?
- Give your department written notice that you have cancer and that you believe it came from the job. Keep your own copy.
- Send the claim through your employer's insurer or to the Montana Department of Labor & Industry, Employment Relations Division, and name the law that applies (Mont. Code Ann. § 39-71-1401) on your form.
- Pull together your diagnosis, your hire and service dates, results of any physical exam, and records of fire and exposure.
- Start soon. Workers' comp claims have time limits for telling your employer and for filing, and some are short.