Vermont Firefighter Work Injuries

Work Injury Claims Generally Under Vermont Law

Most folks understand that an employee can likely get Vermont workers’ compensation benefits if they have an acute injury at work. For example, if a worker falls from a roof and breaks their leg or a machinist suffers an amputation of their hand, they will get workers' comp benefits for their work-related injury.

Workers who have "gradual onset” injuries are also entitled to benefits under Vermont’s workers' comp law. This means that even if there was no specific injury, a person who worked for decades in the granite sheds, for example, can get their back surgery and time out of work paid if the evidence shows their work more likely than not caused them to need the surgery.

Under Vermont workers’ compensation law, an employee can get benefits not only when work directly causes an injury but also when work accelerates a preexisting injury/condition, requiring treatment earlier than it otherwise would have been needed. This means degenerative conditions like “arthritis” that develop and get progressively worse over time can be covered as work injuries.

Vermont Firefighters Entitled to Special Consideration for Workers' Compensation Benefits

Thanks to the advocacy of the firefighting community and their legislative partners, Vermont has several laws that apply specifically to firefighters when they have certain types of injuries/illnesses. These laws may make it easier for Vermont firefighters to get worker’s compensation benefits. They cover certain types of cancer, lung diseases, infectious diseases, heart injuries and diseases, and post-traumatic stress disorder (PTSD).

Vermont Workers' Comp Law Regarding Firefighters and Cancer

Under Vermont’s Workers’ Compensation Act, firefighters who are diagnosed with certain types of cancer and who meet certain requirements can have an easier path to proving their right to workers’ compensation benefits.

Understanding the cancer presumption under Vermont workers' comp law

Vermont has a state law regarding a cancer presumption for firefighters. Usually, an employee has the burden to prove their injury or illness is likely work-related in order to receive workers’ compensation benefits. The cancer presumption law for firefighters flips this. If you meet the presumption criteria, the cancer is presumed to be work-related, unless the insurance carrier can show that non-work related factors more likely than not caused the cancer.

The presumption law creates a significant advantage for firefighters who meet the criteria, and firefighters should make sure they are aware of the criteria in case they ever need to seek workers’ compensation benefits.

It is important to note that the presumption is a “rebuttable presumption.” This means that you can meet the criteria and still not get benefits if the evidence shows that things other than firefighting more likely than not caused the cancer.

Federal benefits for firefighters with cancer

A new federal benefit* was signed into law through the Honor Act in December 2025. The benefit is supposed to grant career and volunteer firefighters a one-time tax-free payment of $461,656.

Applications for the federal benefit are not yet open and it is not yet clear what proof may be required to obtain it. However, it is possible that Vermont firefighters who successfully obtain workers’ compensation benefits for their cancer may qualify for the federal benefit, based on having secured the determination at the state level. We will have to wait and see.

(*Biggam Fox Skinner does not handle federal claims. We represent injured workers in their claims for benefits before the Vermont Department of Labor.)

Who is covered by the Vermont workers' compensation cancer presumption?

The rule applies to volunteer and career firefighters who are members of Vermont state, municipal, or county fire departments or privately organized fire departments.

What are the requirements for workers' compensation coverage?

Six conditions are used to decide if a firefighter meets the criteria for the cancer presumption:

1. They worked as a firefighter in Vermont for at least 5 years.
2. They were diagnosed with cancer within 10 years of the last active date of employment as a firefighter.
3. They were diagnosed with leukemia, lymphoma, multiple myelomas, or a cancer originating in the bladder, brain, breast, colon, gastrointestinal tract, kidney, liver, lung, pancreas, reproductive system, skin, or thyroid.
4. They were under 65 years old when diagnosed.
5. They did not use any kind of tobacco product for 10 years before diagnosis.
6. They had an initial and subsequent cancer screening as recommended by the American Cancer Society (ACS) based on their age and sex before becoming a firefighter or while serving as a firefighter, and these screenings showed no cancer.

Firefighters need to have the ACS-recommended cancer screenings in order to meet the presumption, even if their provider has not recommended they have it and even if it is not covered by their regular health insurance. ACS updates its recommendations for screenings often, but it can take time for insurers to adjust their coverage schedule to match the new recommendations. This means that insurance may not always cover a screening. There are other resources that can cover these costs for firefighters.

A firefighter who technically doesn’t meet the requirements of the presumption can still get workers’ compensation benefits if the evidence shows that firefighting activity more likely than not caused their cancer. In this situation, the firefighter is eligible for workers’ compensation benefits just like other Vermont workers, but the cancer presumption does not apply to them. The burden is on them to show that the illness is work-related. This is a higher bar to meet.

What types of cancer are covered?

The cancer presumption rule applies to leukemia, lymphoma, multiple myelomas, and cancers originating in the bladder, brain, breast, colon, gastrointestinal tract, kidney, liver, lung, pancreas, reproductive system, skin, or thyroid.

The cancer presumption law was passed in July 2007 and amendments have been made since then. Advocates continue to seek improvements to the law, including seeking to expand the types of cancers covered.

What benefits does Vermont workers’ compensation provide?

Workers who have an accepted workers’ compensation claim in Vermont have a number of benefits to help them with a work-related injury or illness.

• Replacement of lost wages: payment for time missed from work while recovering from a work injury. For volunteer firefighters or anyone with more than one job, all gross income earned from W-2 jobs is considered in calculating the benefit amount if you are unable to work.
• Medical coverage: payment for medical expenses and mileage.
• Nurse case management services: help with getting referrals, arranging medical appointments and transportation, and getting preauthorization for necessary tests and treatment.
• Disability payments: compensation for permanent injury.
• Job retraining: vocational rehabilitation services.
• Death benefits: funeral expenses and survival benefits for spouses and dependent children when the firefighter’s death is due to the cancer.

You can read more about workers' compensation benefits here.

The workers’ compensation system does not provide benefits for pain and suffering, emotional distress, or loss of future earnings.

Next Steps

• Review the current American Cancer Society screening recommendations that apply to you and make sure you have completed them. Talk to your provider(s) and your family about your results and any actions you need to take. These guidelines change often, so make sure to check them each year.
• Get the records of prior screenings you have had, if possible.
• Confirm your firefighting service details.
• Stop using, or do not start using, tobacco products.
• Encourage fellow firefighters to take steps needed to meet the criteria.
• Tell your family about the Vermont law.

Questions?

We will be updating this page with more information about firefighters and workers' compensation presumptions for PTSD and cardiac issues, so be sure to check back soon.

Call or text us at 802-229-5146 if you have any questions about a work injury or illness.