Firefighter cancer presumption in Utah
After 5 years of service, Utah presumes 17 cancers are job-related.
The law here is Utah Code § 34A-3-113. Workers' comp claims use this law.
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 Utah's law
- Your service lasted at least 5 years.
- Paid-on-call members and volunteer safety officers are covered. The law isn't clear on other volunteers.
- Before you became a firefighter, a physical exam found no sign of cancer.
- A statement from your doctor shows no tobacco use during the eight years or more before the cancer was reported.
- If you're a former firefighter, your diagnosis came within 10 years after your last shift and you haven't reached Social Security retirement age yet.
- The state program gets your records for service, exams, screenings, and tobacco use from you.
Your employer may claim something else caused the cancer, but it has to prove that's more likely than not.
Call about your Utah claim
Questions about your diagnosis, your service record or your deadline go to the claims line: +1 833 853 0496
Cancers Utah covers
| Cancer | Covered in Utah? |
|---|---|
| Bladder cancer | Yes |
| Brain cancer | Yes |
| Breast cancer | Yes |
| Colon or rectal cancer | Yes |
| Esophagus cancer | Yes |
| Kidney cancer | Yes |
| Leukemia | Yes |
| Lung cancer | Yes |
| Mesothelioma | Yes |
| Multiple myeloma | Yes |
| Non-Hodgkin lymphoma | Yes |
| Prostate cancer | Yes |
| Skin cancer, melanoma included | Yes |
| Testicular cancer | Yes |
| Thyroid cancer | Yes |
| Cancer of the ovary, cervix or uterusOnly ovarian cancer makes the list. Cervical and uterine cancer don't | Partly |
| Cancer of the throat or mouthOnly the throat's middle area, behind the mouth (oropharynx), appears on the list | Partly |
| Liver cancer | Not named |
| Pancreatic cancer | Not named |
| Stomach cancer | Not named |
A cancer marked "Not named" may still be part of a workers' comp claim. A doctor must tie it to your work, though.
In Utah, how does a firefighter file a workers' comp cancer claim?
- Put it in writing: tell your department you have cancer and that you believe the job caused it. Save a copy for yourself.
- On the form, write in the law (Utah Code § 34A-3-113) and submit it to your employer's insurer or the Utah Labor Commission, Industrial Accidents Division.
- Collect your diagnosis, your fire and exposure records, hire and service dates, plus any results from your physical exam.
- Start soon. Workers' comp claims have time limits for telling your employer and for filing, and some are short.