Government passes legislation to extend workers compensation protections for firefighters

New legislation passed by Parliament this week will provide greater workers compensation protection for MFS firefighters and CFS volunteers diagnosed with firefighting-related cancers.

Under the Return to Work Act 2014 firefighters who suffer a workplace injury are currently able to access benefits including weekly income support payments, medical expenses, and lump-sum compensation.

Ordinarily under workers compensation laws a worker has the onus of proving that their injury arose from their employment.

However for certain firefighting-related cancers this onus is reversed, and the injury is automatically presumed to arise from employment. This reflects scientific evidence about the prevalence of cancers amongst firefighters and their exposure to known carcinogens through firefighting.

This makes it faster and easier for firefighter cancer claims to be lodged and accepted, and for firefighters to access compensation without delay or the risk of workers compensation disputes.

The amendments passed by Parliament this week will expand the current list of 12 presumptive firefighting cancers to include:

• Primary site cervical cancer
• Primary site uterine cancer
• Primary site ovarian cancer
• Primary site penile cancer
• Primary site thyroid cancer
• Primary site liver cancer
• Malignant mesothelioma
• A reduction in the qualification period for primary site oesophageal cancer from 25 years to 15 years.

The Government has also committed that, if it is re-elected, within the first 100 days of the next term of Parliament it will progress legislation to further expand the presumptive cancers to include:

• Primary site pancreatic cancer
• Primary site skin cancer
• Primary site lung cancer
• Asbestos-related disease

With this commitment South Australia will match the list of cancers covered under Queensland’s workers compensation legislation.

These amendments follow significant commitments to additional medical support, screening and health monitoring services for all MFS employees as part of the new enterprise agreement which reached in-principle agreement between the Government and the leadership of the United Firefighters Union earlier this week.

Quotes

Attributable to Kyam Maher

Our MFS firefighters and CFS volunteers step up when it matters most to help communities across South Australia during some of the most difficult times.

Firefighters work in a dangerous profession, and unfortunately this can sometimes impact on their health.

That is why we are committing to make it easier for firefighters to access compensation entitlements for a range of cancers and other conditions they commonly face.

Attributable to Rhiannon Pearce

Our firefighters regularly put themselves on the line for the sake of our community so it’s only fair they are supported when they need it.

These reforms will provide more support for firefighters and more peace of mind in the event they get sick as a result of their work.

Attributable to Catherine Hutchesson

I’ve stood shoulder-to-shoulder with firefighters on the front line, and I’ve stood beside my own child as he stepped into harm’s way to protect others, I have waited and worried at home as he was out on the fireground. I will never stop advocating for the health, safety, and dignity of our firefighting community.

Our Firefighters give so much, they don’t think twice to answer the call to protect our community and we owe them the strongest possible protections in return. These reforms ensure they are not left alone when the consequences of their service appear years down the track.

With our Government’s further commitment to expand the list within the first 100 days of the next term if re-elected, this will be the most comprehensive firefighter cancer protections South Australia has ever seen. I’m proud to have fought for these improvements alongside the UFU, the CFSVA and the firefighters and their families across our community.

Attributable to Peter Russell, Acting Secretary of the United Firefighters Union of South Australia

The science that occupational firefighting leads to significantly increased risks of suffering cancers and other diseases has been settled for a long time. The only real question has been whether Governments are prepared to accept responsibility for the results of the dangerous work that they employ our Firefighters to do, and to provide appropriate support.

This week the South Australian Government and our Parliament have taken significant steps in the right direction. Presumptive workers compensation provisions for Firefighters who suffer from cancers provide certainty and support when the people who put themselves at risk for the community need it the most.

We hope that the next Parliament also supports the further four cancers that the Government is committing to pass laws covering in the next term if re-elected, and we look forward to continuing to work constructively on improvements that can be made to the workers compensation system which Firefighters too often have to rely upon.

Supporting workers when they suffer these insidious diseases is incredibly important, however so far as is possible prevention and early detection are always preferable.

That is why the comprehensive Health Monitoring program that the SA Government has committed to funding for Metropolitan Fire Service employees as part of their proposed enterprise agreement is critical, and will save lives.