Firefighters' presumptive rights compensation: Information for claimants

How I know the presumptive compensation applies to me

The presumptive compensation applies to career firefighters who:

• have been diagnosed since 1 June 2016 with one of 12 specified types of cancer (see table below)
• have served in active firefighting roles for a specified number of years, depending on the cancer type
• are diagnosed during their service or within 10 years after they've finished their service.

The specified cancers and relevant qualifying periods

The table below lists the 12 specified types of cancer and the qualifying period associated with each cancer.

Disease	Qualifying Period
Primary site brain cancer	5 years
Primary site bladder cancer	15 years
Primary site kidney cancer	15 years
Primary non-Hodgkins lymphoma	15 years
Primary leukemia	5 years
Primary site breast cancer	10 years
Primary site testicular cancer	10 years
Multiple myeloma	15 years
Primary site prostate cancer	15 years
Primary site ureter cancer	15 years
Primary site colorectal cancer	15 years
Primary site oesophageal cancer	25 years

Submit a claim

You can submit a claim to your employer using the Worker's injury claim form.

Your employer will then provide your completed form to their WorkSafe agent (agent) who will review the information you provide in your form and determine if you meet the requirements of the presumptive legislation.

If you do meet the requirements, the agent will let you know within 28 days of receiving your claim that it has been accepted.

The claim form is available for download below.

If I'm not eligible

If you are not eligible under the presumptive legislation, the agent will determine if you qualify for workers compensation and let you know of the outcome also within 28 days of receiving your claim.

If I don't meet the qualifying period

If you meet all the requirements except the qualifying period and you believe you were involved in an exceptional exposure event as part of your firefighting duties, you may be eligible to make an application for special consideration to WorkSafe.

Applying for special consideration

You can complete an application for special consideration:

• when you submit your claim
• at any time during the claim process
• within 60 days after your claim has been rejected.

Although you can submit your application for special consideration at any time in the claims process, the agent will only consider your application if your claim is rejected.

The special consideration form is available for download below.

How the special consideration process works

If your claim is rejected and you have submitted your application for special consideration, the agent will seek advice on your application from an independent Advisory Committee.

The Advisory Committee has been established to provide your agent with an expert opinion on your application for special consideration.

The information the Advisory Committee will look at as part of your application for special consideration are things like:

• any relevant findings from a coroner, any court proceedings or other official inquiry regarding an event known to have exposed firefighters to carcinogens
• any relevant records, brigade records, Country Fire Authority data, employer data and/or local knowledge.

They may contact your employer directly for this information.

The Advisory Committee will provide its expert opinion to the agent within 60 days from receiving the application.

When the agent has received the expert opinion, they will reassess your claim and make a decision to accept or reject your claim. It may take up to 10 days for the agent to get back to you with a decision, which will also include a copy of the expert opinion.

If my application for special consideration is not accepted

If your application is not accepted, you are able to dispute the decision. Details on how to do this will be provided in your decision letter.

Additional help

We want to make things as easy as possible for you during this difficult and distressing time. If you have any questions about this process, please contact the WorkSafe Advisory Service on 1800 136 089 or the agent.

How I know the presumptive compensation applies to me

The presumptive compensation applies to volunteer firefighters who:

• have been diagnosed since 1 June 2016 with one of 12 specified types of cancer (see table below)
• have served in active firefighting roles for a specified number of years, depending on the cancer type
• are diagnosed during their service or within 10 years after they've finished their service
• can demonstrate that they have attended fires to the extent reasonably necessary to meet the requirements of the presumptive legislation.

The specified cancers and relevant qualifying periods

The table below lists the 12 specified types of cancer and the qualifying period associated with each cancer.

Disease	Qualifying Period
Primary site brain cancer	5 years
Primary site bladder cancer	15 years
Primary site kidney cancer	15 years
Primary non-Hodgkins lymphoma	15 years
Primary leukemia	5 years
Primary site breast cancer	10 years
Primary site testicular cancer	10 years
Multiple myeloma	15 years
Primary site prostate cancer	15 years
Primary site ureter cancer	15 years
Primary site colorectal cancer	15 years
Primary site oesophageal cancer	25 years

Submit a claim

You can submit a claim to your volunteer agency using the Worker's injury claim form.

When filling out the form, make sure you tick the volunteer box in Section 3 of the form.

Your volunteer agency will then provide your completed form to their WorkSafe agent (agent) who will review the information you provide and determine if you meet the eligibility requirements of the presumptive legislation.

If you do meet the requirements, the agent will refer your claim to an independent Advisory Committee to determine if you have attended fires to the extent reasonably necessary to meet the requirements of the presumptive legislation.

The Advisory Committee has been established to provide the agent with an expert opinion on your claim.

The claim form is available for download below.

How the Advisory Committee determines attendance at fires

The Advisory Committee will consider relevant records, brigade records, Country Fire Authority (CFA) data and local knowledge. Make sure to include this information in your claim where possible.

You will also have the opportunity to provide further information directly to the Advisory Committee, and the Advisory Committee will request additional information from your volunteer agency, if needed, to provide their expert opinion.

The Advisory Committee will provide their expert opinion to the agent within 10 days of receiving the request.

Once the agent has received the expert opinion, they will assess your compensation claim and make a decision to accept or reject your claim.

If I'm not eligible

If your claim isn't accepted and you are a CFA volunteer firefighter, you can apply for compensation under the CFA compensation scheme. You can find more information on this scheme on the CFA website.

Country Fire Authority website

If I don't meet the qualifying period

If you meet all the requirements except the qualifying period and you believe you were involved in an exceptional exposure event as part of your firefighting duties, you may be eligible to make an application for special consideration to WorkSafe.

Applying for special consideration

You can complete an application for special consideration:

• when you submit your claim
• at any time during the claim process
• within 60 days after your claim has been rejected.

Although you can submit your application for special consideration at any time in the claims process, the agent will only consider your application if your claim is rejected.

The special consideration form is available for download below.

How the special consideration process works

If your claim is rejected and you have submitted your application for special consideration, the agent will seek advice on your application from an independent Advisory Committee.

The Advisory Committee will look at information like:

• any relevant findings from a coroner, any court proceedings or other official inquiry regarding an event known to have exposed firefighters to carcinogens
• any relevant records, brigade records, CFA data, employer data and/or local knowledge.

They may contact your volunteer agency directly for this information.

The Advisory Committee will provide its expert opinion to the agent within 60 days from receiving the application.

When the agent has received the expert opinion, they will reassess your claim and make a decision to accept or reject your claim. It may take up to 10 days for the agent to back to you with a decision, which will also include a copy of the expert opinion.

If my application for special consideration is not accepted

If your application is not accepted, you are able to dispute the decision. Details on how to do this will be provided in your decision letter.

Additional help

We want to make things as easy as possible for you during this difficult and distressing time. If you have any questions about this process, please contact the WorkSafe Advisory Service on 1800 136 089 or the agent.

On 3 November 2021 the Forests Amendment (Forest Firefighters Presumptive Rights Compensation Act) 2021 (the Act) passed the Victorian Parliament. The Act will come into effect on a date to be proclaimed (expected in 2022).