Summary: NSW law recognises that certain cancers in firefighters are presumed to be caused by firefighting. That presumption can unlock workers’ compensation entitlements—including permanent impairment (lump-sum) compensation—for both employee firefighters and volunteer bush firefighters. The pathway and some entitlements differ depending on whether the claim is under the Workers Compensation Act 1987 (WCA) (employees) or the Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987 (BFERS Act) (volunteers, e.g. NSW RFS).
1) The Firefighter Cancer Presumption
If a firefighter develops one of the cancers listed in the legislation and has the required years of service, the cancer is legally presumed to be work-related. This means the firefighter does not need to prove a direct link between firefighting duties and the illness.
The list includes cancers such as brain cancer, leukaemia, breast cancer, testicular cancer, bladder cancer, kidney cancer, non-Hodgkin lymphoma, multiple myeloma, prostate cancer, ureter cancer, colorectal cancer and oesophageal cancer. Each has a minimum period of service, ranging from 5 years to 25 years depending on the type of cancer.
2) Employee Firefighters – Workers Compensation Act 1987
Employee firefighters (for example, those working for Fire and Rescue NSW) make claims under the Workers Compensation Act.
Key entitlements include:
- Weekly payments and medical expenses.
- Permanent impairment lump-sum compensation, once thresholds are met.
- Work injury damages (common law) claims may be available if negligence can be proven and the firefighter has at least 15% whole person impairment.
- Access to IRO funding, which assists with the legal costs of pursuing a claim.
3) Volunteer Bush Firefighters – BFERS Act
Volunteer firefighters, such as members of the NSW Rural Fire Service, claim under the Workers Compensation (Bush Fire, Emergency and Rescue Services) Act.
Key features include:
- The same cancer presumption applies, using the same list of cancers and qualifying periods.
- Weekly payments are calculated with a beneficial rule: if the volunteer’s actual income is below the State average weekly earnings, it is increased to that level for the purpose of compensation.
- Medical, hospital and rehabilitation expenses are covered.
- Permanent impairment lump-sum compensation is available, assessed in the same way as for employees.
- Potential damages (common law claims). may be available if negligence can be proven.
- No access to IRO funding. Volunteers need to fund their legal representation through other means.
4) Practical Steps for Cancer Lump-Sum Claims
- Check eligibility and service period – both paid and volunteer service can count, with overlapping time counted once.
- Rely on the presumption – where the cancer is on the schedule and the service period is met.
- Pursue permanent impairment compensation once the cancer diagnosis is stable and medically assessed.
- Seek legal advice early – particularly for volunteers, given the absence of IRO funding and common law rights.
5) Key Differences at a Glance
- Legislation: Employees claim under the WCA; volunteers under the BFERS Act.
- Weekly payments: Volunteers benefit from the uplift to average weekly earnings if their income is lower; employees are paid based on pre-injury earnings subject to statutory caps.
- Lump sums: Both can pursue permanent impairment compensation.
- Common law Work Injury Damages. Available to employees (if thresholds are met).
- IRO funding: Available to employees, but not to volunteers.
6) How We Can Help
At BPC Lawyers, we:
- Assess eligibility against the listed diseases and service periods.
- Prepare and manage permanent impairment claims.
- Advise on work injury damages for employee firefighters.
- Provide guidance for volunteers navigating claims without IRO support.