Firefighters are in the business of saving lives, even at the cost of their safety. This is often taken for granted: We’ve all seen the heroic scenes of first responders walking into a burning building to protect others. Should anything happen during the fire, firefighters can at least rely on prompt medical help and protection for their family members.
But what happens when the hazards are not immediately visible? Chronic exposure to noxious substances can be as deadly as a fire – but historically, they’ve been swept under the rug by insurance companies. Presumptive coverage laws have the potential to right this wrong. Let’s look at these laws as they currently stand in Illinois.
Presumptive Cancer Coverage in Illinois: A Life-and-Death Process for Firefighters
There is overwhelming evidence of the health hazards posed by PFAS (per- and poly-fluoroalkyl substances), which are routinely used when manufacturing firefighting safety gear. During a routine call, most firefighters spend hours rubbing their skin against a PFAS-rich foam, which can be absorbed into their bodies,
PFAS are known carcinogens that do not degrade with time. Instead, they accumulate inside the body, and they are one of the main culprits behind the unusually high rates of kidney, breast, and testicular cancers among firefighters.
Unfortunately, the effects of chronic exposure are difficult to prove in a courtroom: sure, someone may have been exposed to PFAS, but were they really that exposed? Did they also have a genetic predisposition to cancer? Were they chronic smokers or exposing themselves out of work? For many sick firefighters, proving their cancer is an occupational disease may take months and thousands of dollars in legal fees.
All of this, on top of an already costly and debilitating disease, along with the impacts on their family.
Presumptive coverage laws presume that, in a firefighter, certain types of cancer are caused mainly by occupational exposure. This means it is now the insurance company’s (or the company administering worker’s compensation benefits) burden to prove it wasn’t the cause rather than the other way around.
What Does the Law in Illinois Say?
Currently, firefighters in Illinois with more than 5 years of service are entitled to some basic protections and benefits as soon as they are diagnosed with cancer. These include:
- The presumption is that the cancer is job-related.
- A disability pension equal to 65% of their salary
- A disability benefit for their underage children of $30 per month per child.
- Protection from discharge: the firefighter can’t be laid off, and the cancer cannot be used as a cause for discharge.
But it Falls Short: Volunteer Firefighters Left Hanging
The current state of affairs leaves one glaring omission: volunteer firefighters. The protection from discharge is only valid for firefighters who were employed full-time. In addition, the pension is calculated based on a firefighter’s salary, leaving volunteer firefighters with no alternative income.
This is particularly pressing in Illinois, where about two-thirds of all fire departments are staffed mainly by volunteers. Without their work, their sacrifice, and their constant exposure to carcinogens, most of the state would be left unprotected. Volunteer crews are often underfunded and are the last to receive new gear. When that gear turns against them, they and their families are left defenseless.
Is this the best the state of Illinois can do to support those who do so much for their communities?
