Firefighter cancer presumption in Virginia
After 5 years of service, Virginia presumes 12 cancers are job-related.
The law is Va. Code § 65.2-402. It applies to workers' comp.
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 Virginia's law
- Your service lasted 5 years or more.
- Volunteers who fight fires are covered; rescue squad volunteers aren't.
- The cancer has to be on the list, and it must result in death or total or partial disability.
- Colon, brain or testicular cancer diagnosed before July 1, 2020 is excluded, and so are bladder or thyroid cancers diagnosed before July 1, 2023.
- If your employer asked you to take a pre-hire physical, you must have passed one showing no cancer.
- If your employer asks, you must agree to exams from doctors your employer chooses.
The presumption can be challenged: your employer may argue something besides the job caused your cancer.
Call about your Virginia claim
Questions about your diagnosis, your service record or your deadline go to the claims line: +1 833 853 0496
Cancers Virginia covers
| Cancer | Covered in Virginia? |
|---|---|
| Cancer of the bladderNot if your diagnosis came before July 1, 2023 | Yes |
| Cancer of the brainNot if your diagnosis came before July 1, 2020 | Yes |
| Breast cancer | Yes |
| Cancer of the colon or rectumA diagnosis before July 1, 2020 excludes colon cancer | Yes |
| Esophagus cancer | Yes |
| Leukemia | Yes |
| Pancreatic cancer | Yes |
| Prostate cancer | Yes |
| Cancer of the testiclesNot if your diagnosis came before July 1, 2020 | Yes |
| Cancer of the thyroidNot if your diagnosis came before July 1, 2023 | Yes |
| Cancer of the ovary, cervix or uterusOnly ovarian cancer makes the list; cervical and uterine cancer don't appear on it | Partly |
| Cancer of the throat or mouthVoice box, tonsil and throat cancers count as covered; mouth cancer is not on the list | Partly |
| Kidney cancer | Not named |
| Liver cancer | Not named |
| Lung cancer | Not named |
| Mesothelioma | Not named |
| Multiple myeloma | Not named |
| Non-Hodgkin lymphoma | Not named |
| Skin cancer, melanoma included | Not named |
| Stomach cancer | Not named |
Even a cancer labeled "Not named" can still be part of a workers' comp claim, as long as a doctor ties it to your job.
In Virginia, how do you file a workers' comp cancer claim as a firefighter?
- Put it in writing to your department: you have cancer and you believe the job caused it. Save a copy for yourself.
- Send the claim either to the Virginia Workers' Compensation Commission or to the insurer your employer uses, and name the law that applies (Va. Code § 65.2-402) on your form.
- Pull together your diagnosis, the dates you were hired and served, any physical exam results, and your records of fire and exposure.
- Start soon. Workers' comp claims have time limits for telling your employer and for filing, and some are short.