28-06-2025
Family of Victorian firefighter's battle with WorkCover over cancer dependency claim
Mick Hughes loved being a firefighter, serving his community and the camaraderie that came with the job — but it was a job that would claim his life.
Last year, he died less than a year after being diagnosed with pancreatic cancer.
His widow, Heather, has little doubt the cancer was caused by decades of exposure to toxic chemicals in fires.
After a battle with WorkCover his disease was recognised as an occupational illness, but when Heather made a dependency claim after he died, it was rejected.
"I was quite shocked because initially I thought, well, you've already accepted liability," she said.
"You've already paid for his medical expenses, paid for his wages while he was sick, and now that he's gone, he's not covered.
"It's double standards."
Dependency claims entitle a worker's dependents to financial support following a work-related death.
The rejection is a decision Ms Hughes is now fighting, and her family's plight has highlighted deficiencies and inconsistencies in a system that is meant to recognise the high risk firefighters have of contracting deadly cancers.
"He was a very fit man, but was always concerned about attending all these toxic fires," Ms Hughes said.
"He attended about six metal recycling fires in the western suburbs and then he would come home, and he'd say, 'I just try and keep away from the smoke'."
In Victoria, 15 cancers are part of presumptive rights, meaning firefighters who get them automatically get compensation and assistance because of the link between the disease and firefighting. Similar schemes exist in other states.
Throughout his nearly 35 years in the fire brigade, Mr Hughes attended dozens of toxic fires, including the Coode Island disaster in 1991.
Victoria's WorkCover system, through provider Gallagher Bassett, recognised that his cancer was a work-related illness and provided him with assistance.
But it wasn't without a fight. Pancreatic cancer is not one of 15 cancers that automatically qualify for compensation, and the claim was initially rejected.
"I said, 'Mick we're fighting this'," Ms Hughes said.
"He didn't have the strength to fight it, but I said, 'I'm going into battle for you, Mick. Someone needs to have a voice for you'."
After conciliation, Gallagher Bassett accepted the claim.
But there was more heartache after he died.
Gallagher Bassett told Ms Hughes she could make a dependency claim, which she did, only to have it rejected.
The company referred questions to WorkCover, who said it did not comment on individual claims.
It said dependency claims were assessed differently to those made by an original recipient.
Ms Hughes has appealed the decision, but she is speaking out because she wants the law changed to protect other firefighters who will get cancer.
In other states, firefighters are covered for pancreatic cancer, as are federally employed firefighters at Melbourne Airport.
Ms Hughes said she would fight to set the same standard in Victoria.
"I would like to set a precedent for the other firefighters that are coming through that are going to get pancreatic cancer, colon cancer, all the cancers that aren't under the designated cancers at the moment," she said.
"Presumptive legislation should cover every single cancer, full stop"
In 2023, the state government expanded the eligible cancers to include cervical, breast and ovarian cancers.
The then-Minister for Emergency Services, Jaclyn Symes, told parliament that officials were assessing pancreatic and five other cancers to see if they would be added to the list.
Current minister Vicki Ward said she had the deepest sympathies for Mr Hughes' family.
"We are incredibly grateful for the invaluable service of emergency service workers and the critical work that they do which can increase their exposure to certain types of cancer,'' she said.
"We will continue to monitor whether Victoria's presumptive compensation legislation appropriately reflects the increased risks emergency service workers can face due to their service."
United Firefighters Union secretary Peter Marshall said Ms Hughes had suffered from "breathtaking hypocrisy".
"The claim is supposed to be there for the dependencies, for the family members,'' Mr Marshall said.
"Firefighters are not an expendable commodity, where they can just send them into burning buildings and not provide the protection to their family in the event they get ill.
"It's just wrong."
The Victorian Opposition is also backing an expansion of the scheme.
Liberal MP Nick McGowan said there was "something wrong" if the state couldn't look after those who risked their lives in service.
"It's obviously a travesty, it's wrong and we're looking to the government to reverse it,'' Mr McGowan said.
Ms Hughes has vowed to keep fighting.
"This man served his community for 35 years," she said.
"He put his life at risk for the community and ultimately, he lost his life.
"Was it worth it? No, it wasn't worth it. Being a firefighter was not worth losing his life."
