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Presumptive Laws
A presumptive disability law is a law that links
a particular occupation with a disease or condition
that has been shown to be a hazard associated with
that occupation. As a result of this linkage,
if an individual employed in the occupation covered
by the presumption contracts a disease or condition
that is specified in the presumptive law, then that
disease or condition is presumed to have come from
that occupation. In this case, the burden of
proof shifts from the employee to the employer to
demonstrate that the condition was not in fact
associated with the occupation but with another
cause.
In the case of fire fighters and emergency
medical responders, scientific evidence has
demonstrated an increased risk for heart disease,
lung disease, cancer, and infectious diseases.
At this time, most of the U.S. States and Canadian
Provinces have some form of presumptive law that
applies to fire fighters and emergency response
personnel. These laws vary greatly between
different states and provinces.
The IAFF Division of Occupational Health, Safety
& Medicine has accumulated a database of the current
presumptive disability provisions in the US and
Canada. To view the presumptive disability
provision in your state or province, click on the
link below then click on your particular state or
province.
US and Canadian Presumptive Laws
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