USCC Workers Comp 2023 - 36

36 | 2023 Analysis of Workers' Compensation Laws
Chart IV-Coverage of Occupational Diseases, cont.
Jurisdiction
Nature of
Coverage1
New
Mexico
All diseases21
Medical
Boards
Onset of Disability or Death
Death-within one year of date employee
last worked for employer or within three
years if claim is filed or compensation paid.
Death from silicosis or asbestosis-within
two years from date of last exposure or
five years if claim is filed or compensation
paid. Exposure to radioactive or fissionable
materials-no limit.
New York
Disease resulting
from the nature of
employment and
contracted therein. WCL
§2(15). See also WCL
§3(2).22
North
Carolina
All occupational
diseases
Commission may
order IME.
In occupational disease cases (except
asbestosis, silicosis, or lead poisoning),
employee must give written notice as
required for all other cases, unless employer
had knowledge of the accident or other just
reasons exist for the failure to give notice. In
occupational disease cases, time of notice
runs from the date the employee was first
notified by competent medical authority
that he or she has the disease. This notice
requirement can be waived if not timely
raised by the employer.
North
Dakota
All diseases arising out
of and in the course of
employment, excluding
stress (aside from
an acute reaction to
traumatic event)25
Ohio
Oklahoma
All diseases
All diseases resulting in
disability or death and
arising out of and in the
course of employment
or naturally following
or unavoidably resulting
from a compensable
injury
Medical specialist
in specific cases;
findings advisory
IME may be
ordered.
Silicosis or asbestosis-within three
years after last injurious exposure. Other
occupational disease, except a diseased
condition caused by radiation-within one
year of last injurious exposure. Radiation-
no limitations apply to onset of disability or
death. Death-within the period for which
compensation has been paid or awarded or
timely claim made and results within seven
years after the last exposure.
Death-within one year of injury or within
six years if disability is continuous.
Time Limit on Claim Filing
Deductions
From Death
Awards
Within one year of disability. Death-within one
year. Radiation-within one year of date worker
knew relation to employment.
Medical
Care
Unlimited
Compensation2
Same as for accidents.
Within two years of disability or death. For
participants in World Trade Center rescue,
recovery, or cleanup operations per WCL §161(1)
(Article 8-A), effective 8/14/06. Must have
registered by 9/11/14.
Unlimited
Same as for accidents.23
In occupational disease cases, time limit for
filing claim runs from the date the employee was
first notified by competent medical authority that
he or she has an occupational disease and has
experienced disability.
Subject to
limitation of
two years from
last payment
of medical
or indemnity
compensation
Same as for accidents except
for asbestos and silicosis.24
Within one year of injury. Death-within two
years.
Unlimited
Same as for accidents.
Within one year of disability or death or within
six months of diagnosis, whichever is later.
Same as for accidents.
Respiratory dust disease-no
partial disability.26
Occupational disease-within two years from
last exposure. Silicosis or asbestosis-within
one year of disablement. Radiation-within two
years of awareness.
Unlimited
Same as for accidents.
USCC Workers Comp 2023

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