HB2 Alabama 2019 Session

Summary

Primary Sponsor

Tommy Hanes

Republican

Session

Regular Session 2019

Title

Workers' compensation, firefighters, rebuttable presumption established, occupational disease, Secs. 25-5-110, 25-5-120 am'd.

Summary

HB2 would add firefighter cancer to the list of occupational diseases and create a rebuttable presumption that non-smoking firefighters diagnosed with cancer got it from firefighting, under certain conditions.

What This Bill Does

The bill changes workers' compensation rules to treat cancer of a firefighter as an occupational disease. It creates a rebuttable presumption that a non-smoking firefighter diagnosed with cancer contracted it as a direct result of firefighting duties if they had no cancer at entry and were exposed to a known carcinogen. The employer can defeat this presumption by showing the cancer was caused by a non-occupational factor. For firefighters who smoke, there is an additional potential requirement to prove the cancer was caused by the occupation.

Who It Affects

• Non-smoking paid firefighters diagnosed with cancer: receive a presumption that the cancer is work-related if they meet specific conditions (no cancer at entry and exposure to a known carcinogen).
• Employers/insurers and fire departments: must overcome the presumption by proving the cancer was caused by non-occupational factors; in the case of smokers, may need to prove occupational cause as well.

Key Provisions

• Adds 'cancer of a firefighter' to the list of occupational diseases under the workers' compensation definitions.
• Establishes a rebuttable presumption that a non-smoking paid firefighter diagnosed with cancer contracted it due to firefighting duties if (i) they had no cancer when entering service and (ii) they were exposed to a known carcinogen; employer can rebut by showing another cause by a preponderance of the evidence.
• For firefighters who smoke or use tobacco, requires the employer to potentially prove by a preponderance of the evidence that the cancer was caused by the occupation, in addition to meeting the presumption criteria.
• Effective date: becomes law on the first day of the third month after passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Firefighters