Firefighter cancer presumption in West Virginia
After 5 years of service, West Virginia presumes 6 cancers are job-related.
The rule is set out in W. Va. Code § 23-4-1(h). Workers' comp uses it, and that includes disability and death benefits.
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 West Virginia's law
- Your service lasted 5 years or more.
- This rule covers professional firefighters only, so it doesn't cover volunteers.
- The cancer began no later than six months after firefighting, either at a fire or during a drill with actual firefighting.
- For at least 10 years, you've used tobacco products no more than six times in any calendar year.
- Your age is 65 or younger.
The law presumes your cancer came from work, but your employer can still claim another cause.
Questions about your diagnosis, your service record or your deadline go to the claims line: +1 833 853 0496
Cancers West Virginia's law covers
| Cancer | Covered in West Virginia? |
|---|---|
| Bladder cancer | Yes |
| Leukemia | Yes |
| Mesothelioma | Yes |
| Multiple myeloma | Yes |
| Non-Hodgkin lymphoma | Yes |
| Testicular cancer | Yes |
| Brain cancer | Not named |
| Breast cancer | Not named |
| Colon or rectal cancer | Not named |
| Esophagus cancer | Not named |
| Kidney cancer | Not named |
| Liver cancer | Not named |
| Lung cancer | Not named |
| Ovarian, cervical or uterine 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 cancer listed as "Not named" can still be part of a workers' comp claim, if a doctor ties it to your job.
How can you file a West Virginia workers' comp claim for firefighter cancer?
- Put it in writing to your department: you have cancer and you believe the job caused it. Save a copy for yourself.
- Send your claim to the West Virginia Offices of the Insurance Commissioner, or use your employer's insurer. Name the law that applies (W. Va. Code § 23-4-1(h)) on your form.
- Collect your diagnosis, the dates you were hired and served, any physical exam results, and your records of fires and exposures.
- Start soon. Workers' comp claims have time limits for telling your employer and for filing, and some are short.
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