Cancer, Workers’ Comp and Fighting for Colorado Firefighters

Being a firefighter is a heroic but dangerous job. Every day, firefighters do what nature instinctively tells us not to do: run toward danger.

When a firefighter is injured or dies in the line of duty, they should be afforded all of the protections of the workers’ compensation system. Sadly, when their work results in a cancer diagnosis, that doesn’t always happen.

Firefighters undergo extensive training to handle all the hazardous situations that they may encounter; however, accidents still happen. Just like other lines of work, firefighters are entitled to workers’ compensation to cover medical expenses and wage loss while they recover from injuries occurring on the job.

To ensure an entitlement to workers’ compensation benefits, any firefighter injured on the job (or suffering from an occupational disease) should report the injury as soon as possible after the injury occurs.

Dangers of firefighting

It is common knowledge that fire fighting is dangerous work. It can often result in severe burns, falls, or other industrial accidents. However, this work can also result in occupational diseases that are harder to relate back to the job.

For example, if a firefighter is exposed to dangerous carcinogens on the job, it could ultimately result in a diagnosis of cancer.

According to the International Association of Firefighters, an organization representing over 318,000 full-time firefighters and paramedics, cancer has become a leading cause of firefighter deaths.

The rise in cancer-related firefighter deaths has led to departmental changes across the country to help mitigate firefighter exposure to carcinogens.

In November 2019 and February 2020, two experienced Colorado firefighters lost their lives due to cancer. South Metro Fire Rescue and West Metro Fire Rescue, respectively, both experienced deaths due to cancer. Both are believed to be related to on-the-job carcinogen exposure.

Troy Jackon died in November 2019 after battling adenoid cystic carcinoma, which he was diagnosed with in 2013. He spent nearly 30 years as a firefighter with South Metro Fire Rescue. Along with Jackson, there are nine other employees at South Metro Fire Rescue who are still battling with cancer.

After Jackson’s death and the discovery of his co-workers’ diagnoses, new departmental hygiene practices were put into place.

The new hygiene practices include:

• Immediate decontamination of suits;
• Use of specialty cleaning wipes to remove contaminants from the skin; and,
• Providing firefighters with a spare uniform so one can be deeply cleaned after use.

While these changes are necessary, they didn’t come soon enough for Dan Moran, who died in February of 2020. Moran was an 18-year veteran from West Metro Fire Rescue. He was both a firefighter and a paramedic. His death came after a diagnosis of leukemia―which is common with exposure to diesel byproducts―in 2017. Dan is survived by his wife Jenn. Together they have two daughters, Taylor and Madyson.

West Metro Fire Rescue’s Captain, Travis Hopwood, attributes the rise in firefighter cancer diagnoses to the increasing use of plastics in our homes.

According to Hopwood:

“[W]ith the advent of plastics being introduced into household products and everything from the cushions that we sit on to what's in the walls and everything else, the smoke is not just burning wood like you're having a campfire anymore.”

Hopwood goes on to say, "It's plastics and nasty, nasty stuff that we're exposed to every day when we're on a fire call."

Not-so universal protections

The correlation between on-the-job exposure and the rate of firefighter cancers has grown strong enough that the policymakers in at least 42 states have passed laws to help provide compensation for firefighters who develop cancer as a result of exposure.

For the most part, these laws are in place for firefighters who develop cancer within a certain number of years after they retire. The laws would make it much easier for workers to obtain workers’ compensation and/or disability benefit, or in the worst case, for their families to obtain death benefits.

However, many firefighters say that the current protections fall short and that they’re being denied workers’ compensation benefits after being diagnosed with cancer.

One issue with the presumptive laws is that they can vary greatly by state, with some only covering certain cancers and others limiting the time after retirement to receive a diagnosis. Additionally, some states won’t accept a cancer diagnosis for benefits at all.

According to the Firefighter Cancer Support Network:

• 1 state only protects firefighters who have retired for 3 months 
• 6 other states extend coverage for up to 5 years 
• 1 state allows coverage up to 7 years 
• 1 state provides coverage for 600 weeks (approximately 11.5 years) 
• 3 states cover up to 20 years after retirement

In Colorado, coverage is extended for 10 years after a firefighter retires.

Here at The Babcock Law Firm, we proudly support the brave men and women who put their own lives on the line every day by representing injured and ill Colorado firefighters in their workers’ compensation claims.

About Mack Babcock

Colorado injury attorney Mack Babcock has spent a majority of his professional career committed to fighting for the rights of injured workers in Denver, Littleton, Aurora and throughout the state. In his most recent venture as the founder of The Babcock Law Firm, Mack uses his extensive legal experience, insight and professional relationships to help Colorado workers obtain all of the legal compensation afforded to them under workers’ compensation laws.