How often on calls for service have you noticed the steady-low rumble of a diesel engine idling next to you? This may not spark any sense of immediate danger, but diesel exhaust has been identified by the International Agency for Research on Cancer (“IARC”) as a class one “known” carcinogen. This is but one of many known carcinogens that officers are exposed to on a routine and daily basis. It should be of no surprise then to learn that First Responders are at an increased risk of developing cancer and subsequently passing away from it.

Standard firefighter duties require near-constant exposure to known carcinogens. Just think about the times your job required you to: respond to fires and set perimeters (particularly downwind), refuel your patrol vehicle, respond to traffic collisions with gasoline and other automotive chemical spills, breathe in second-hand cigarette smoke, enter drug-production labs and kitchens, report to the range for firearm training, and even simply be out in the sun exposed to UV radiation.  

Because it is impossible to determine what causes cancer, the Legislature has enacted a cancer presumption, which states that when a fire fighter or police officer “develops or manifests” cancer it is presumed to be work-related. To trigger this presumption, you must demonstrate that you were exposed to a known carcinogen during your employment. Often for skin cancer, the fact the safety member has been exposed to UV Sun rays is sufficient to trigger the presumption and have the claim covered as an industrial claim. We have typically seen skin cancer claims involving Basal-Cell Carcinoma and Squamous-Cell Carcinoma which will require treatment but are not as dangerous as Merkel-Cell Carcinoma and the most concerning- Melanoma. 

If you are evaluated by your dermatologist and are diagnosed with skin cancer, what do you do? First, is get the correct diagnosis and the treatment performed as soon as possible. Then, you can engage the claim with the agency and file for work comp benefits under the cancer presumption. Most of these cases will be determined to be work related given the Cancer Presumption, however most agencies typically accept skin cancer on the “exposed” skin, like the forearm or head. What if the skin cancer was underneath the clothing, like your back?

The approach is the same- get the correct diagnosis and start the treatment then we can engage the claim into the work comp system. The reason for doing this is skin cancers can be very dangerous, like Melanoma and getting the treatment started may be critical in saving the safety member’s life.

Cancer takes a toll on more than just the individual. It also impacts family and friends, who serve as a support network for each officer. Ferrone Law Group considers itself a part of that support network and stands ready to provide guidance to anyone who needs it. Since each individual case differs, it is important to note this article is not intended to provide specific legal advice and is meant to be informative only. Please do not hesitate to reach out.