Firefighter cancer presumption in New York
Under New York law, the job is presumed to have caused 18 cancers.
The law that applies: N.Y. Retire. & Soc. Sec. Law § 363-d. It applies to disability retirement and to death benefits for line-of-duty deaths.
Presumed means the law assumes your job caused the cancer, so your employer has to show it came from something else. New York's cancer law is separate from workers' comp, which is the insurance that pays medical bills and lost pay when work makes you sick.
Conditions under New York's law
- Paid firefighters are the only ones the rule covers, so volunteers don't qualify.
- As a new firefighter, you passed a physical exam.
- That entry physical didn't find the cancer.
- Death or a total or partial disability resulted from the cancer.
- The disability or death did not result from your own deliberate carelessness.
Your employer may claim the cancer had another cause, but solid evidence is required to prove it.
Questions about your diagnosis, your service record or your deadline go to the claims line: +1 833 853 0496
Cancers that New York covers
| Cancer | Covered in New York? |
|---|---|
| Bladder cancer | Yes |
| Brain cancer | Yes |
| Breast cancer | Yes |
| Colon or rectal cancer | Yes |
| Esophagus cancer | Yes |
| Kidney cancer | Yes |
| Leukemia | Yes |
| Liver cancer | Yes |
| Lung cancerFalls under a separate presumption for lung disease among paid members | Yes |
| Multiple myeloma | Yes |
| Non-Hodgkin lymphoma | Yes |
| Ovarian, cervical or uterine cancer | Yes |
| Pancreatic cancer | Yes |
| Prostate cancer | Yes |
| Stomach cancer | Yes |
| Testicular cancer | Yes |
| Thyroid cancer | Yes |
| Skin cancer, including melanomaMelanoma is the only one named; other skin cancers aren't on the list | Partly |
| Mesothelioma | Not named |
| Throat or mouth cancer | Not named |
Even a cancer marked "Not named" can be part of a workers' comp claim if a doctor ties it to your job.
In New York, how do you go about filing a firefighter cancer claim?
- Find out from your department, or from the board running its pension or benefits, how to file for disability retirement and for death benefits after a death in the line of duty, naming the law (N.Y. Retire. & Soc. Sec. Law § 363-d). That board is the office that decides retirement and disability pay for your department.
- You can also file a workers' comp claim, which is a second claim with the New York State Workers' Compensation Board. New York's cancer law does not help with that one, so your doctor has to say in writing that your work caused the cancer.
- Put together your fire and exposure records, any physical exam results, your hire and service dates, and your diagnosis.
- Try to start soon, because time limits apply. Ask your department or the board how long you have to apply. A workers' comp claim has its own deadlines.