Wildfire Fighters at Risk: Unmasked in Toxic Smoke and Denied Protection – Legal Options

Each year, wildfires ravage vast landscapes, and the brave men and women who fight these blazes face extreme danger. While the immediate risks of burns and physical trauma are well-known, the long-term consequences of toxic smoke inhalation are often overlooked. Wildfire fighters are frequently unmasked in toxic smoke and denied adequate protection, leading to severe health problems and raising critical questions about legal options and accountability. Did you know that wildland firefighters have a significantly increased risk of dying from cardiovascular disease and lung cancer compared to the general public?

The Alarming Reality: Unmasked and Unprotected

Wildland firefighters are exposed to a cocktail of hazardous air pollutants, including carbon monoxide, benzene, formaldehyde, particulate matter (PM), acrolein, and polycyclic aromatic hydrocarbons (PAHs). A recent study estimated that wildland firefighters face an increased risk of lung cancer (8% to 43%) and cardiovascular disease (16% to 30%) mortality due to smoke exposure. Despite these known dangers, firefighters often lack adequate respiratory protection.

The reasons for this lack of protection are complex. Wildland firefighters generally do not wear respirators or any other type of self-contained breathing apparatus because they are too hot and bulky for the conditions of the wildland fire environment. Concerns about hindering mobility and visibility also contribute to the decision to forgo respirators. However, this leaves firefighters vulnerable to the insidious effects of smoke inhalation.

The Toxic Smoke: A Chemical Assault

Wildfire smoke is far from benign. It contains a dangerous mix of:

Particulate Matter (PM2.5): These tiny particles can penetrate deep into the lungs and bloodstream, causing respiratory and cardiovascular problems. Long-term exposure to PM2.5 has been linked to cardiovascular diseases, mental disorders, endocrine diseases, and digestive diseases.
Toxic Gases: Carbon monoxide, nitrogen dioxide, and other gases can irritate the respiratory system and worsen existing heart and lung conditions.
Carcinogens: Wildfire smoke contains at least 31 carcinogens, increasing the risk of cancer among firefighters.
Other Harmful Chemicals: Depending on what’s burning, smoke can contain metals like lead, arsenic, cadmium, and mercury, as well as dioxins, flame retardants, and plastics.

The health effects of wildfire smoke exposure can be both immediate and long-lasting. Short-term effects include:

Coughing
Trouble breathing
Wheezing
Asthma attacks
Stinging eyes
Scratchy throat
Runny nose
Irritated sinuses
Headaches
Tiredness
Chest pain
Fast heartbeat

Long-term exposure can lead to more severe health problems, including:

Reduced lung function
Chronic bronchitis
Chronic Obstructive Pulmonary Disease (COPD)
Cardiovascular disease
Cancer
Premature death

Denied Protection: A Failure of Responsibility

The Forest Service’s own researchers have warned for years about the effects of smoke, calling on the agency to provide masks, monitor exposures, and track long-term health outcomes for firefighters. Despite these warnings, adequate protection is often not provided. This raises serious questions about the responsibility of government agencies and employers to protect the health and safety of wildfire fighters.

Legal Options: Seeking Justice and Accountability

Wildfire fighters who have suffered health problems due to toxic smoke exposure may have several legal options:

Workers’ Compensation: Firefighters injured on the job are generally entitled to workers’ compensation benefits, including medical benefits, temporary disability benefits, permanent disability benefits, and supplemental job displacement benefits. In California, firefighters are entitled to special workers’ compensation benefits under California Labor Code Section 4850, including one year’s pay at full salary when a firefighter is unable to work due to a job-related injury. Harmful exposure to biological or chemical substances is also typically presumed to be a work-related condition for firefighters.
Personal Injury Claims: If negligence by a third party, such as a utility company or government agency, caused or contributed to the wildfire and the resulting smoke exposure, firefighters may be able to file a personal injury claim to recover damages for their injuries.
Federal Tort Claims Act (FTCA): Federal firefighters may be able to sue the federal government for negligence under the FTCA.
Bad Faith Claims: If an insurance company denies or undervalues a valid workers’ compensation claim, firefighters may be able to pursue a bad faith claim against the insurer.

Navigating the Legal Landscape

Pursuing legal action can be complex, and it’s crucial to seek guidance from an experienced attorney. A lawyer can help firefighters:

Understand their legal rights and options
Gather evidence to support their claims
Negotiate with insurance companies and government agencies
File lawsuits and represent them in court

Advice for Wildfire Fighters

Document Everything: Keep detailed records of smoke exposure, symptoms, medical treatments, and any communication with employers or insurance companies.
Seek Medical Attention: If you experience symptoms of smoke inhalation, seek medical attention promptly.
Know Your Rights: Familiarize yourself with your rights under workers’ compensation laws and other applicable laws.
Report Hazards: Report unsafe working conditions and lack of adequate protection to supervisors and safety officers.
Consult an Attorney: If you have suffered health problems due to smoke exposure, consult an attorney to discuss your legal options.

Protecting Those Who Protect Us

Wildfire fighters risk their lives to protect our communities and natural resources. It is our collective responsibility to ensure they have the protection and support they need to stay safe and healthy. By holding responsible parties accountable and advocating for better safety measures, we can honor their service and prevent future tragedies.