Presumptive Health Initiative
You know the risks of the job, but not every threat is visible. Some diseases may take years to develop but are still tied to your service. The IAFF fights for presumptive disability laws that acknowledge the connection between firefighting and certain health conditions. The IAFF presumptive disability coverage database provides up-to-date information by state and province so you can quickly review what’s covered and where.
Search by State or Province
Hover over a state/province to read a summary of presumptive law coverage in that area. Click the desired state/province to access more information.
United States
PHI – United States
Canada
PHI – Canada
Search by Disease or Condition
Click the disease or condition heading of interest to view more information by state or province. Once expanded, click the desired state or province name to access more information about the disease or condition category for that region. Click here to download a chart of presumptive disability laws by state and province.
Heart Disease
| State | Heart Disease Language |
|---|---|
| US Federal | A sudden cardiac event or stroke suffered while, or not later than 24 hours after, engaging in the activities described in subsection |
| Alabama | Any condition or impairment of health caused by any of the following: a. Hypertension. b. Heart disease… |
| Alaska | …cardiovascular events that are experienced within 72 hours after exposure to smoke, fumes, or toxic substance… |
| Arizona | firefighter was exposed to a known event and The heart-related, perivascular or pulmonary injury, illness or death occurred within twenty-four hours after the exposure and was reasonably related to the exposure |
| California | …a firefighter member…develops heart trouble… |
| Colorado | a sudden and serious malfunction of the heart and circulatory system as occurs in a diagnosis of coronary thrombosis, cerebral vascular accident, myocardial infarction, or cardiac arrest. |
| Connecticut | …suffers either off duty or on duty any condition or impairment of health caused by hypertension or heart disease… |
| District of Columbia | heart disease, hypertension |
| Florida | Any condition or impairment of health…..caused by heart disease, or hypertension… |
| Hawaii | …impairment of health caused by any disease of the heart… |
| Idaho | Cardiovascular or pulmonary or respiratory diseases of a paid fireman caused by overexertion in times of stress or danger or by proximate exposure or by cumulative exposure over a period of four (4) years or more… |
| Illinois | …unable to perform his or her duties in the fire department by reason of heart disease, stroke…resulting from service as a firefighter |
| Indiana | …disease or impairment of the cardiovascular or respiratory system caused by a substance or condition that is an occupational exposure risk |
| Iowa | heart disease…shall be presumed to have been contracted while on active duty as a result of strain… |
| Kansas | …any death or disability resulting from a heart disease… |
| Louisiana | disease or infirmity of the heart or lungs which develops during a period of employment…regardless of whether the fireman is on duty at the time |
| Maine | …firefighter…for at least 2 years prior to a cardiovascular injury or the onset of a cardiovascular disease… |
| Maryland | …the heart disease, hypertension, or lung disease results in partial or total disability or death… |
| Massachusetts | …any condition of impairment of health caused by hypertension or heart disease resulting in total or partial disability or death to a uniformed member … |
| Michigan | …heart diseases or illnesses resulting therefrom which develop or manifest themselves during a period while the member of the department… |
| Minnesota | …the disease is that of myocarditis, coronary sclerosis, pneumonia or its sequel… |
| Missouri | …hypertension, or disease of the heart resulting in total or partial disability… |
| Montana | …myocardial infarction after 10 years (of service) |
| Nebraska | …hypertension or heart or respiratory defect or disease… |
| Nevada | …diseases of the heart of a person who, for 5 years or more, has been employed…as a firefighter… |
| New Hampshire | …presumption that heart or lung disease in a…member of a fire department is occupationally related… |
| New Jersey | …any cardiovascular or cerebrovascular injury or death which occurs while engaged in a response to an emergency |
| New Mexico | a heart injury or stroke suffered within twenty-four hours of fighting a fire, while responding to an alarm, while returning from an alarm call, while engaging in supervised physical training or while responding to or performing in a non-fire emergency. |
| New York | …any condition of impairment of health caused by diseases of the heart, resulting in disability or death to a fireman… |
| North Dakota | Any condition or impairment of health of a full-time paid firefighter caused by hypertension, heart disease… |
| Ohio | …cardiovascular, pulmonary, or respiratory diseases of fire fighters ….in the event of temporary total disability, permanent total disability, or death… |
| Oklahoma | Any member of the fire department…disabled as a result of heart disease… |
| Oregon | …any disease of the lungs or respiratory tract, hypertension or cardiovascular-renal disease… |
| South Carolina | …injury to the health of a firefighter caused by heart disease… |
| South Dakota | …any condition of impairment of health caused by hypertension, heart disease… |
| Tennessee | …caused by disease of the lungs, hypertension or heart disease resulting in hospitalization, medical treatment or any disability… |
| Texas | …an acute myocardial infarction or stroke resulting in disability or death is presumed… |
| Utah | …a line-of-duty death or disability resulting from heart disease, lung disease, or respiratory tract condition. |
| Vermont | …disability or death from heart injury or heart disease that becomes symptomatic within 72 hours of service in the line of duty… |
| Virginia | Hypertension or heart disease causing the death of, or any health condition or impairment… |
| Washington | …heart problems, experienced within seventy-two hours of exposure to smoke, fumes, or toxic substances, or within twenty-four hours of physical exertion |
| West Virginia | …a cardiovascular or pulmonary disease or sustained a cardiovascular injury…within six months of having participated in firefighting or a training or drill. |
| Wisconsin | …disability or death is found to be caused by heart or respiratory impairment or disease… |
| Alberta | disabled as a result of a heart disease (heart injury) and was employed as a firefighter at or immediately before the date of disablement |
| British Columbia | “heart disease” includes disease of the pericardium or coronary arteries; “heart injury” includes heart attack, cardiac arrest or arrhythmia. |
| Manitoba | injury to the heart within 24 hours after attendance at an emergency response |
| New Brunswick | heart attack that occurs within 24 hours |
| Newfoundland and Labrador | an injury to the heart that manifests within 24 hours after attendance at an emergency response |
| Northwest Territory | cardiac arrest within 24 hours |
| Nova Scotia | heart attack (myocardial infarction) that occurs within 24 hours after attendance at an emergency response scene in the worker’s capacity as a firefighter |
| Nunavut | cardiac arrest within 24 hours after attendance at an emergency response, |
| Ontario | heart injury while, or within 24 hours of attending a fire scene or a training exercise in the performance of his or her duties as a full-time firefighter |
| Prince Edward Island | …fire inspector or a firefighter suffers a heart attack, cardiac arrest or heart arrhythmia within 24 hours of responding to an emergency call… |
| Saskatchewan | injury to the heart that manifests within 24 hours after attendance at an emergency response |
| Yukon Territory | cardiac arrest within 24 hours |
Lung Disease
| State | Lung Disease Language |
|---|---|
| Alabama | Any condition or impairment of health caused by any of the following: a. Hypertension. b. Heart disease c. Respiratory disease. |
| Alaska | …the following diseases is within the provisions of this chapter: (A) respiratory disease… |
| California | tuberculosis, pneumonia |
| District of Columbia | respiratory disease |
| Hawaii | … impairment of health caused by any disease of the heart, lungs or respiratory system… |
| Idaho | Cardiovascular or pulmonary or respiratory diseases of a paid fireman caused by overexertion in times of stress or danger or by proximate exposure or by cumulative exposure over a period of four (4) years or more… |
| Illinois | …unable to perform his or her duties in the fire department by reason of heart disease, stroke or any disease of the lungs or respiratory tract resulting from service as a firefighter….. |
| Indiana | …disease or impairment of the cardiovascular or respiratory system caused by a substance or condition to which an individual is at risk for occupational exposure |
| Iowa | …heart disease or any disease of the lungs or respiratory tract shall be presumed to have been contracted while on active duty… |
| Kansas | …any death or disability resulting from a heart disease or disease of the lung or respiratory tract… |
| Louisiana | Any disease or infirmity of the heart or lungs which develops during a period of employment…regardless of whether the fireman is on duty at the time he is stricken… |
| Maine | …firefighter…for at least 2 years prior to a cardiovascular injury or the onset of a cardiovascular disease or pulmonary disease ….. |
| Maryland | …the heart disease, hypertension, or lung disease results in partial or total disability or death…. |
| Massachusetts | …any condition of impairment of health caused by any disease of the lungs or respiratory tract, resulting in total disability or death to a uniformed member… |
| Michigan | …respiratory and heart diseases or illnesses resulting therefrom which develop or manifest themselves during a period while the member of the department is in the active service… |
| Missouri | …any disease of the lungs or respiratory tract, hypertension, or disease of the heart resulting in total or partial disability… |
| Nebraska | …hypertension or heart or respiratory defect or disease… |
| Nevada | …diseases of the lungs, resulting in either temporary or permanent disability or death, are occupational diseases… |
| New Hampshire | …presumption that heart or lung disease in a…member of a fire department is occupationally related… |
| New Jersey | …any disease of the respiratory system |
| New York | any condition of impairment of health caused by diseases of the lung, resulting in total or partial disability or death to a uniformed member of a paid fire department… |
| North Dakota | Any condition or impairment of health of a full-time paid firefighter caused by lung or respiratory disease… |
| Ohio | Compensation on account of cardiovascular, pulmonary, or respiratory diseases of fire fighters and police officers is payable only in the event of temporary total disability, permanent total disability, or death… |
| Oklahoma | Any member of the fire department…disabled as a result of heart disease, injury to the respiratory system… |
| Oregon | …completed five or more years of employment as firefighters…any disease of the lungs or respiratory tract, hypertension or cardiovascular-renal disease… |
| Rhode Island | …every condition of impairment of health caused by smoke inhalation of the lungs or respiratory tract, resulting in total disability. |
| South Carolina | …injury to the health of a firefighter caused by heart disease or respiratory disease… |
| South Dakota | …any condition of impairment of health caused by hypertension, heart disease, or respiratory disease… |
| Tennessee | …impairment of health of such firefighters caused by disease of the lungs, hypertension or heart disease resulting in hospitalization, medical treatment or any disability… |
| Texas | A firefighter or emergency medical technician who suffers from tuberculosis, or any other disease or illness of the lungs or respiratory tract… |
| Utah | A paid firefighter who has five years of firefighter service credit is eligible for a line-of-duty death or disability resulting from heart disease, lung disease, or respiratory tract condition. |
| Vermont | …Lung disease |
| Virginia | Respiratory diseases that cause (i) the death… or (ii) any health condition or impairment of such firefighters. |
| Washington | …shall exist a prima facie presumption that: (a) Respiratory disease; … |
| West Virginia | …a cardiovascular or pulmonary disease or sustained a cardiovascular injury….firefighter for a minimum of two years…..within six months of having participated in firefighting or a training or drill exercise |
| Wisconsin | …disability or death is found to be caused by heart or respiratory impairment or disease… |
Cancer
| State | Cancer Language |
|---|---|
| US Federal | Bladder cancer, Brain cancer, Chronic obstructive pulmonary disease, Colorectal cancer, Esophageal cancer, Kidney cancer, Leukemias, Lung cancer, Mesothelioma, Multiple myeloma, Non-Hodgkin lymphoma, Prostate cancer, Skin cancer (melanoma), Testicular cancer, Thyroid cancer. |
| Alabama | exposed to a known carcinogen which is reasonably linked to the disabling cancer |
| Alaska | brain, malignant melanoma, leukemia, non-Hodgkin’s lymphoma, bladder, ureter, kidney, prostate and breast |
| Arizona | brain, bladder, rectal, colon, lymphoma, leukemia, adenocarcinoma or mesothelioma, buccal cavity and pharynx, esophagus, large intestine, lung, kidney, prostate, skin, stomach or testicular cancer or non-hodgkin’s lymphoma, multiple myeloma or malignant melanoma |
| Arkansas | leukemia, lymphoma, mesothelioma, and multiple myeloma and cancer of the brain, digestive tract, urinary tract, liver, skin, breast, cervical, thyroid, prostate, testicle, or a cancer that has been found by research and statistics to show higher instances of occurrence in firefighters |
| California | demonstrate he or she was exposed to a known carcinogen as defined by the IARC, skin cancer, lower back impairments |
| Colorado | cancer of the brain, skin, digestive system, hematological system, or genitourinary system |
| Connecticut | Kahler’s Disease, non-Hodgkin’s lymphoma, and prostate or testicular cancer, brain, skeletal system, digestive system, endocrine system, respiratory system, lymphatic system, reproductive system, urinary system or hematological system |
| Delaware | bladder, blood, brain, breast, cervical, esophageal, intestinal, kidney, lymphatic, lung, prostate, rectal, respiratory tract, skin, testicular, and thyroid cancer; leukemia, multiple myeloma; or non-Hodgkin’s lymphoma |
| District of Columbia | Leukemia, breast, ovarian, pancreatic, prostate, rectal, colon, colorectal, liver, testicular, respiratory cancer, multiple myeloma, brain, non-Hodgkin’s, throat, kidney, thyroid, bladder |
| Florida | bladder, brain, breast, cervical, colon, esophageal, invasive skin, kidney, large intestinal, lung, malignant melanoma, mesothelioma, multiple myeloma, non-Hodgkin’s lymphoma, oral cavity and pharynx, ovarian, prostate, rectal, stomach, testicular, thyroid |
| Georgia | bladder, blood, brain, breast, cervical, esophageal, intestinal, kidney, lymphatic, lung, prostate, rectum, respiratory tract, skin, testicular, and thyroid cancer; leukemia; multiple myeloma; or non-Hodgkin’s lymphoma |
| Hawaii | leukemia, multiple myeloma, non-Hodgkin lymphoma, or cancer of the lung, brain, stomach, esophagus, intestines, rectum, kidney, bladder, prostate, or testes |
| Idaho | multiple myeloma, non-Hodgkin lymphoma, or cancer of the lung, brain, stomach, esophagus, intestines, rectum, kidney, bladder, prostate, or testes |
| Illinois | cancer involved must be a type which may be caused by exposure to heat, radiation or a known carcinogen as defined by the IARC |
| Indiana | cancer that is caused by a known carcinogen to which an individual is at risk for occupational exposure |
| Iowa | prostate cancer, primary brain cancer, breast cancer, ovarian cancer, cervical cancer, uterine cancer, malignant melanoma, leukemia, non-Hodgkin’s lymphoma, bladder cancer, colorectal cancer, multiple myeloma, testicular cancer, and kidney cancer |
| Kansas | type of cancer which may, in general, result from exposure to heat, radiation or a known carcinogen |
| Kentucky | Bladder, Brain, Colon, Non-Hodgkin’s lymphoma, Kidney, Liver, Lymphatic or haematopoietic, Prostate, Testicular, Skin, Cervical, Breast |
| Louisiana | bladder, brain, colon, liver, pancreas, skin, kidney, gastrointestinal tract, reproductive tract, leukemia, lymphoma, multiple myeloma, prostate, and testicular cancer, or any other type of cancer…for which fire fighters are determined to have a statistically significant increased risk over that of the general population |
| Maine | kidney, prostate, breast, non-Hodgkin’s lymphoma, testicular, colon, brain, bladder, leukemia or multiply myeloma, or gynecologic cancer |
| Maryland | leukemia or prostate, rectal, throat, multiple myeloma, non–Hodgkin’s lymphoma, brain, testicular, or breast cancer that is caused by contact with a toxic substance |
| Massachusetts | cancer affecting the skin or the central nervous, lymphatic, digestive, hematalogical, urinary, skeletal, oral or prostate systems, lung or respiratory tract |
| Michigan | respiratory tract, bladder, skin, brain, kidney, blood, thyroid, testicular, prostate, or lymphatic cancer |
| Minnesota | cancer of a type caused by exposure to heat, radiation, or a known or suspected carcinogen, as defined by the IARC |
| Mississippi | bladder, brain, colon, liver, pancreas, skin, kidney, gastrointestinal tract, reproductive tract, leukemia, lymphoma, multiple myeloma, prostate, testicles and breast |
| Missouri | cancer affecting the skin or the central nervous, lymphatic, digestive, hematological, urinary, skeletal, oral, breast, testicular, genitourinary, liver or prostate systems, or cancer which may result from exposure to heat or radiation or to a known or suspected carcinogen as determined by the IARC |
| Montana | bladder, brain, breast, colorectal, esophageal, kidney, leukemia, mesothelioma, multiple myeloma, non-Hodgkin’s lymphoma, lung cancer |
| Nebraska | cancer affecting the skin or the central nervous, lymphatic, digestive, hematological, urinary, skeletal, oral, or prostate systems |
| Nevada | bladder, brain, breast, colon, esophageal, Hodgkin’s lymphoma, kidney, leukemia, liver, lung, lymphatic or haemotopoietic, basal cell carcinoma, squamous cell carcinoma, malignant melanoma, multiple myeloma, nasopharyngeal (laryngeal and pharyngeal), non-Hodgkin’s lymphoma, ovarian, pancreatic, prostate, rectal, soft tissue sarcoma, stomach, testicular, thyroid, urinary tract, ureteral, uterine |
| New Hampshire | cancer involved must be a type which may be caused by exposure to heat, radiation, or a known or suspected carcinogen as defined by the IARC |
| New Jersey | … if the worker demonstrates that he was exposed…to a known carcinogen, cancer-causing radiation or radioactive substances in the course of the worker’s employment |
| New Mexico | brain, bladder, kidney, colorectal, non-hodgkins lymphoma, leukemia, ureter, testicular, breast, esophageal, multiple myeloma |
| New York | cancer affecting the lymphatic, digestive, hematological, urinary, neurological, breast, reproductive, or prostate systems |
| North Carolina | Mesothelioma, Testicular, Intestinal, Esophageal |
| North Dakota | cancer is one which arises due to exposure to smoke, fumes, or carcinogenic, poisonous, toxic, or chemical substances |
| Ohio | firefighter was exposed to an agent classified by the international agency for research on cancer or its successor organization as a group 1 or 2A carcinogen. |
| Oklahoma | existence of any cancer which was not revealed by the physical examination passed by the member upon entry into the department |
| Oregon | brain cancer, colon cancer, stomach cancer, testicular cancer, prostate cancer, multiple myeloma, non-Hodgkin’s lymphoma, cancer of the throat or mouth, rectal cancer, breast cancer, leukemia, bladder cancer or gynecologic cancer of the uterus, fallopian tubes, ovaries, cervix, vagina or vulva (these additions effective January 1, 2023) |
| Pennsylvania | cancer suffered by a firefighter… who can establish direct exposure to a carcinogen |
| Rhode Island | Any type of cancer found in a firefighter is conclusively presumed to be an occupational cancer |
| South Carolina | central and peripheral nervous system, oropharyngeal, respiratory tract, gastrointestinal tract, hepatobiliary, solid organ and endocrine, genitourinary and male reproductive, GYN, skin, soft tissue, and breast, bone and blood. |
| South Dakota | impairment of health caused by cancer |
| Tennessee | impairment of health of fire fighters caused by all forms of Non-Hodgkin’s Lymphoma cancer, colon cancer, skin cancer, leukemia, testicular cancer, or multiple myeloma cancer |
| Texas | …cancer that originates at the stomach, colon, rectum, skin, prostate, testis, brain, non-Hodgkin’s lymphoma, multiple myeloma, malignant melanoma, and renal cell carcinoma |
| Utah | cancer of the pharynx, esophagus, lung and mesothelioma |
| Vermont | cancer limited to leukemia, lymphoma, or multiple myeloma, and cancers originating in the bladder, brain, colon, gastrointestinal tract, kidney, liver, pancreas, skin, or testicles. |
| Virginia | Leukemia or pancreatic, prostate, rectal, throat, ovarian, breast, colon, brain, or testicular |
| Washington | brain cancer, malignant melanoma, leukemia, non-Hodgkin’s lymphoma, bladder cancer, ureter cancer, and kidney cancer |
| West Virginia | leukemia, lymphoma, or multiple myeloma, bladder cancer, mesothelioma, and testicular cancer |
| Wisconsin | skin, breasts, central nervous system or lymphatic, digestive, hematological, urinary, skeletal, oral or reproductive systems |
| Wyoming | Cancer, lymphoma or leukemia that may be caused by exposure to heat, smoke, radiation or a known or suspected carcinogen |
| Alberta | Leukemia, brain, bladder, lung, ureter, kidney, colorectal, non-Hodgkins Lymphoma, cervical, ovarian, testicular, esophageal, prostate, skin, breast, multiple myeloma, mesothelioma, pancreatic, soft tissue sarcoma, and thyroid. Catastrophic event accommodations. |
| British Columbia | Leukemia, non-Hogkins lymphoma, bladder, brain, cervical, colorectal, kidney, lung, testicular, ureter, esophageal, breast, ovarian, pancreatic, penile, prostate, thyroid, multiple myeloma |
| Manitoba | brain, bladder, kidney, non-Hodgkin’s lymphoma, leukemia, colorectal, ureter, lung, esophageal, testicular, multiple myeloma, prostate, skin, breast, thyroid, pancreatic, ovarian, cervical, or penile |
| New Brunswick | brain, bladder, colorectal, esophageal, kidney, testicular and ureter cancer, in addition to leukemia, non-Hodgkins lymphoma and lung cancer |
| Newfoundland and Labrador | brain, bladder, colorectal, esophageal, leukemia, lung, kidney, non-Hodgkin lymphoma, testicular, ureter, breast, penile, pancreatic, thyroid, multiple myeloma, prostate, cervical, ovarian, or skin cancer |
| Northwest Territory | multiple myeloma, leukemia, non-Hodgkin’s lymphoma, bladder, brain, breast, colo-rectal, esophageal, kidney, lung, prostate, skin, testicular, ureter |
| Nova Scotia | brain, bladder, kidney, non-Hodgkin’s lymphoma, leukemia, colon, esophageal, lung, testicular, ureter, breast, multiple myeloma, prostate, skin, ovarian, cervical, penile, pancreatic, thyroid |
| Nunavut | multiple myeloma, leukemia, non-Hodgkin’s lymphoma, bladder, brain, breast, colo-rectal, esophageal, kidney, lung, prostate, skin, testicular, ureter |
| Ontario | brain, colorectal, bladder, leukemia, ureter, kidney, non-Hodgkins Lymphoma, esophageal, breast, multiple myeloma, testicular, prostate, lung, skin, ovarian, cervical, penile, pancreatic, thyroid |
| Prince Edward Island | brain, bladder, colorectal, esophageal, leukemia, lung, kidney, non-Hodgkin lymphoma, testicular, ureter, breast, multiple myeloma, prostate, skin |
| Quebec | lung cancer, non-pulmonary mesothelioma, kidney cancer, bladder cancer, laryngeal cancer, multiple myeloma, non-hodgkin lymphoma, skin cancer, prostate cancer |
| Saskatchewan | bladder, brain, breast, cervical, colorectal, esophageal, kidney, leukemia, lung, multiple myeloma, non-Hodgkins Lymphoma, ovarian, prostate, skin, testicular, ureter, pancreatic, thyroid, penile, laryngeal, soft tissue sarcoma, mesothelioma |
| Yukon Territory | multiple myeloma, leukemia, non-Hodgkin’s lymphoma, bladder, brain, breast, cervical, colo-rectal, esophageal, kidney, lung, ovarian, pancreatic, penile, prostate, skin, testicular, thyroid, ureter, or any prescribed form of cancer |
Infectious Disease
| State | Infectious Disease Language |
|---|---|
| Alabama | Aids, Hepatitis, COVID-19 |
| California | …develops a blood-borne infectious disease or a methicillin-resistant Staphylococcus aureus skin infection…pneumonia, lyme disease, and meningitis…COVID-19 until January 1, 2024 |
| Colorado | Hepatitis C |
| Connecticut | hepatitis, meningococcal meningitis, tuberculosis |
| District of Columbia | hepatitis, meningococcal meningitis, tuberculosis, or human immunodeficiency virus (“HIV”) |
| Florida | ….hepatitis, meningococcal meningitis, or tuberculosis….. |
| Idaho | Acquired immunodeficiency syndrome (AIDS), AIDS related complexes (ARC), other manifestations of human immunodeficiency virus (HIV) infections, infectious hepatitis viruses and tuberculosis….. |
| Illinois | Tuberculosis |
| Iowa | HIV or AIDS, hepatitis, meningococcal meningitis, and mycobacterium tuberculosis |
| Louisiana | Hepatitis B or Hepatitis C |
| Maine | …..hepatitis, meningococcal meningitis or tuberculosis |
| Minnesota | ….an infectious or communicable disease to which the employee was exposed in the course of employment outside of a hospital…. |
| Missouri | …human immunodeficiency virus, acquired immunodeficiency syndrome, tuberculosis, hepatitis A, hepatitis B, hepatitis C, hepatitis D, diphtheria, meningococcal meningitis, methicillin-resistant staphylococcus aureus, hemorrhagic fever, plague, rabies, and severe acute respiratory syndrome |
| Nebraska | ….a blood-borne infectious disease, tuberculosis, meningococcal meningitis, or methicillin-resistant Staphylococcus aureus…… |
| Nevada | ….a contagious disease during the course and scope of his employment…… |
| New Mexico | hepatitis, tuberculosis, diphtheria, meningococcal disease and methicillin-resistant staphylococcus aureus |
| New York | HIV, tuberculosis or hepatitis |
| North Dakota | ….an exposure to a bloodborne pathogen….. |
| Oklahoma | hepatitis, human immunodeficiency virus, meningitis and tuberculosis |
| Pennsylvania | Hepatitis C |
| Rhode Island | ….infectious disease develops or manifests itself as a result of the exposure….. |
| Tennessee | disability in acquiring human immunodeficiency and hepatitis C virus |
| Texas | tuberculosis |
| Utah | ….contracted a disease….as a result of a significant exposure in the performance of his duties… |
| Vermont | …infectious disease |
| Virginia | Hepatitis, meningococcal meningitis, tuberculosis or HIV. Extends from December 31, 2021, to December 31, 2022, the date by which COVID-19 causing the death or disability of a health care provider is presumed to be an occupational disease compensable under the Virginia Workers’ Compensation Act. |
| Washington | Human immunodeficiency virus/acquired immunodeficiency syndrome, all strains of hepatitis, meningococcal meningitis, or mycobacterium tuberculosis |
| Wisconsin | HIV, AIDS, tuberculosis, hepatitis A, hepatitis B, hepatitis C, hepatitis D, diphtheria, meningococcal meningitis, MRSA, and SARS |
| British Columbia | applicant has contracted a communicable disease…came into contact with the bodily substance of the source individual |
Behavioral Health
| State | Behavioral Health Language |
|---|---|
| Arizona | …provide public safety employees who are exposed to any one of the following events while in the course of duty up to twelve visits of licensed counseling… |
| California | …compensation that is awarded for post-traumatic stress or mental health disorder… post-traumatic stress disorder |
| Colorado | A claim of mental impairment must be proven by evidence supported by the testimony of a licensed physician or psychologist. |
| Connecticut | …in the case of any police officer or firefighter, is: Diagnosed as post-traumatic stress disorder by a licensed and board certified mental health professional; determined by such professional to be originating from the police officer or firefighter visually witnessing the death or maiming of one or more human beings… |
| Florida | A mental or nervous injury involving a first responder and occurring as a manifestation of a compensable injury must be demonstrated by clear and convincing evidence. |
| Idaho | …post-traumatic stress injury suffered by a first responder is a compensable injury or occupational disease when the following conditions are met: |
| Illinois | …a firefighter receiving a disability pension for post-traumatic stress disorder (PTSD) related to his or her service as a firefighter…. |
| Indiana | A covered impairment that is included within this clause and subdivision (2), including mental illnesses, shall be considered a Class 1 impairment. |
| Louisiana | (1) Any emergency medical services personnel, any employee of a police department, any fire employee, or any volunteer fireman who is diagnosed by a psychiatrist or psychologist with posttraumatic stress injury, either during employment in the classified service in the state of Louisiana pursuant to this Chapter or thereafter, shall be presumed, prima facie, to have a disease or infirmity connected with his employment. |
| Maine | …a law enforcement officer, firefighter, corrections officer or emergency medical services worker and is diagnosed by an allopathic physician or an osteopathic physician…as having post-traumatic stress disorder, in which case the post-traumatic stress disorder is presumed to have arisen out of and in the course of the worker’s employment. |
| Minnesota | …the mental impairment is presumptively an occupational disease and shall be presumed to have been due to the nature of employment. |
| Nebraska | …includes mental injuries and mental illness unaccompanied by physical injury for an employee who is a first responder |
| Nevada | An injury or disease caused by stress shall be deemed to arise out of and in the course of employment…if the employee is a first responder… |
| New Hampshire | a prima facie presumption that acute stress disorder and post-traumatic stress disorder in an emergency responder, as defined in RSA 281-A:2, V-c are occupationally caused. |
| New Mexico | posttraumatic stress disorder or mental health disorder diagnosed by a physician or psychologist… |
| New York | a member who becomes physically or mentally incapacitated for the performance of duty shall be covered by the provisions of this section |
| Oregon | Any mental disorder, whether sudden or gradual in onset, which requires medical services or results in physical or mental disability or death. |
| Tennessee | In addition to any other behavioral or mental health benefits offered, provide not less than ten (10) visits or sessions with a mental health service provider for the purpose of treating PTSD through the employee’s health benefits or otherwise. |
| Texas | Post-traumatic stress disorder suffered by a first responder |
| Vermont | post-traumatic stress disorder that is diagnosed by a psychiatrist or psychologist |
| Virginia | Post-traumatic stress disorder incurred by a law-enforcement officer or firefighter… |
| Washington | …occupational disease claims resulting from posttraumatic stress disorders of firefighters… |
| Wyoming | Any mental injury unless it is: …Experienced by a first responder and established by clear and convincing evidence |
| Alberta | …firefighter… is diagnosed with post-traumatic stress disorder by a physician or psychologist |
| British Columbia | …the mental disorder must be presumed to be a reaction to the one or more traumatic events arising out of and in the course of the worker’s employment in that eligible occupation, unless the contrary is proved |
| Manitoba | …emergency response worker suffers from post-traumatic stress disorder, the disorder must be presumed to be an occupational disease |
| New Brunswick | …is or was diagnosed with post-traumatic stress disorder by a psychiatrist or psychologist |
| Newfoundland | …the post-traumatic stress disorder shall be presumed, unless the contrary is shown, to be an injury that arose out of and in the course of the worker’s employment. |
| Nova Scotia | …where a front-line or emergency response worker is diagnosed with post-traumatic stress disorder by a prescribed diagnostician, the post-traumatic stress disorder is, unless the contrary is shown, presumed to have arisen out of and in the course of the worker’s employment… |
| Ontario | …. the worker is or was diagnosed with posttraumatic stress disorder by a psychiatrist or psychologist |
| Prince Edward Island | Trauma and stressor-related disorders, including post traumatic stress disorder in accordance with the DSM by a psychiatrist |
| Saskatchewan | Unless the contrary is proven, if a worker or former worker is diagnosed with a psychological injury by a psychiatrist or psychologist, that injury is presumed to be an injury that arose out of and in the course of the worker’s employment. |
| Yukon Territory | an emergency response worker is diagnosed with post-traumatic stress disorder by a psychologist or a psychiatrist, the post-traumatic stress disorder is presumed to be a work-related injury unless the contrary is shown. |
Other Illness/Injury
| State | Language |
|---|---|
| California | hernia |
| Indiana | Parkinson’s Disease |
FAQ
How do these laws benefit fire fighters and EMS workers?
The employee diagnosed with an occupational disease or condition covered by a presumptive disability law would be entitled to:
- Payment of medical expenses
- Disability retirement benefits
- Workers’ comp benefits
- Lost wages
- Benefits for spouse/family as the situation allows
These benefits will vary between states and provinces, so fire fighters should be familiar with the workers’ compensation system that applies to them.
What are the limitations of presumptive disability laws?
- Currently, federal fighters and many state and provincial fire fighters do not have presumptive laws in their jurisdictions. This means that these fire fighters must prove that any illness or condition that they contract is associated with their employment on a case-by-case basis.
- Generally, presumptive laws apply to full-time, paid professional fire fighters; however, some states and provinces do include limited coverage for part-time and volunteer fire fighters.
- Most states and provinces require a minimum number of years and service before a condition or illness is presumed to be associated with fire fighting.
- Most states and provinces limit the types of cancers or diseases that are presumed to be associated with fire fighting.
- Most states and provinces include rebuttable clauses that allow an employer to challenge that a condition or illness did not come from fire fighting but from some other causes. A classic example is if a fire fighter gets cancer but was also a smoker, the employer will rebut the presumption claiming that smoking was the primary cause of the cancer and not fire fighting.
- Despite the presence of presumptive legislation, there is still no guarantee that a claim will be approved.
How can I bring presumptive disability laws to my state, province or municipality?
- Scientific evidence continues to demonstrate the increased risk for heart disease, lung disease, cancer, infectious disease and behavioral health conditions among fire fighters and emergency medical responders.
- The IAFF encourages its affiliates to work with state and provincial legislatures to enact presumptive laws and to update and enhance legislation where laws vary or provide limited benefits.
- For assistance with obtaining presumptive legislation for your state, contact [email protected].