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Bill

Bill

HB 865

Workers' compensation; presumption of compensability for certain cancers.

2026 Regular Session Introduced by Nadarius Clark and 5 co-sponsors

HB 865 presumes certain workplace cancers are work-related for Virginia workers in designated occupations, streamlining compensation claims without requiring individual causation proof.

Assigned HAPP sub: Compensation and Retirement
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Bill Summary · HB 865

Legislative bill overview

HB 865 establishes a presumption of compensability for certain cancers in Virginia's workers' compensation system, meaning workers in specific occupations would be presumed to have work-related cancers without needing to prove causation. The bill passed its initial committee review with amendments and now moves to the Appropriations Committee for fiscal consideration.

Why is this important

This legislation directly affects occupational cancer claims, potentially expanding workers' compensation benefits for firefighters, law enforcement, and other high-risk professions. The fiscal impact statement suggests budgetary implications, making this relevant to both workers seeking benefits and state/employer costs.

Potential points of contention

  • Cost implications: Presumption of compensability typically increases workers' compensation claims payouts; employers and insurers may argue about the financial burden
  • Scope of covered cancers and occupations: Defining which cancers qualify and which workers are eligible involves balancing fairness with fiscal responsibility
  • Scientific causation debate: Some may challenge whether workplace exposure truly causes certain cancers at higher rates, or whether presumptions circumvent necessary evidence standards

Compiled from official sources — confirm details with the bill’s official record.

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