USCC Workers Comp 2024 - 35

2024 Analysis of Workers' Compensation Laws | 35
Chart IV-Coverage of Occupational Diseases, cont.
Jurisdiction
Nature of
Coverage1
Missouri
All diseases16
Medical
Boards
Onset of Disability or Death
Last employer, where employee was
exposed, is liable regardless of the length
of time of the last exposure, except for
occupational disease due to repetitive
motion. Exposure must be the prevailing
factor causing both the medical condition and
injury. If the exposure to the repetitive motion
which is found to be the cause of the injury
is for a period of less than three months, and
the evidence demonstrates that the exposure
to the repetitive motion with the immediate
prior employer was the prevailing factor in
causing the injury, the prior employer shall be
liable for such occupational disease.
Time Limit on Claim Filing
Deductions
From Death
Awards
Within two years of injury, death, or last
payment (three years if no injury report filed);
limitation runs from date injury is reasonably
discoverable and apparent that the injury is
related to the exposure.
Medical
Care
Unlimited
Compensation2
Same as for accidents in
most cases. However, as of
1/1/14, enhanced benefits
are provided for " occupational
diseases due to toxic
exposure, " which are defined
in §287.020.11, RSMo, as
the following: mesothelioma,
asbestosis, berylliosis, coal
worker's pneumoconiosis,
bronchiolitis obliterans,
silicosis, silicotuberculosis,
manganism, acute
myelogenous leukemia, and
myelodysplastic syndrome-if
such disease results in
permanent total disability or
death.
Montana
All diseases17
Within one year of when the person knew or
should have known he or she was suffering from
an occupational disease. Silicosis-must have
been resident of Montana for 10 or more years
immediately prior to the date of application.
Nebraska
Nevada
All diseases
All diseases19
Silicosis or asbestos-related-must
have been exposed for at least one year.
Tenosynovitis, prepatellar bursitis, or
infection/inflammation of skin-must
have been resident of Nevada for 90 days
preceding contraction or employed by selfinsured
employer or employer contributing to
the Occupational Diseases Fund.20
New
Hampshire
All diseases
Date of injury is considered date worker
knew or should have known relation to
employment. In case of cumulative trauma,
date of injury is considered to be date of first
medical treatment. Death-date dependents
knew or should have known relation to
employment.
New Jersey All diseases
Within two years of disability or upon
manifestation.
Within 90 days of knowledge of disability and its
relation to employment. Silicosis or respiratory
dust disease-within one year of disability or
death. Death-within one year.
Same as for
injuries
Same as for injuries. Benefits
for pneumoconiosis reduced
by amount payable under
federal law. Silicosis victims
or beneficiaries18
may receive
Unlimited
Unlimited
up to $350 monthly.
Same as for accidents.
Same as for accidents.
Within two years for notification to employer.
Within three years for filing a claim for disability,
rehabilitation, medical, or death benefits.
Unlimited
Same as for accidents.
Within two years after date of injury or death,
date of last medical treatment, or date claimant
should have known about the condition and its
relationship to employment.
Disability
payments
Unlimited
Same as for accidents.
USCC Workers Comp 2024

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