USCC Workers Comp 2024 - 37

2024 Analysis of Workers' Compensation Laws | 37
Chart IV-Coverage of Occupational Diseases, cont.
Jurisdiction
Nature of
Coverage1
Oregon
All diseases27
Medical
Boards
Onset of Disability or Death
Time Limit on Claim Filing
Deductions
From Death
Awards
The later of the two dates: (1) one year from
the date the worker discovered, or should have
discovered, the occupational disease; or (2) one
year from the date the worker becomes disabled
or is informed by a physician that the claimant
is suffering from an occupational disease. If
the disease results in death, one year from the
date the worker's beneficiary first discovered,
or should have discovered, that the cause of
the worker's death was due to the occupational
disease.
Pennsylvania
All
diseases
IME may be
ordered.
Within 300 weeks of last exposure (except
death following disability that occurs
within 300 weeks of last exposure).
Silicosis, anthracosilicosis, or coal miner's
pneumoconiosis-must be in-state exposure
in two years during 10 years preceding
disability.
Rhode
Island
South
Carolina
All diseases
Medical Advisory
Board may order
IME by one or
more impartial
physicians.
All diseases except as
limited by statute
Medical Board
may be used or
Commission can
order third-party
medical provider
to review;
pulmonary cases
may be referred to
pulmonary specialist
of state medical
universities.
South
Dakota
Tennessee
Texas
All diseases
Division may
contract with
physicians for
reports.
All diseases
All diseases arising out
of and in the course of
employment
Silicosis-must be in-state exposure within
two years (in-state requirement waived
if same employer); employer liable only if
exposure lasts at least 60 days.
Within two years of disability or death.
Radiation-within one year of disability and
claimant should know relation to employment.
Within one year of disability or death.
Within one year of the date the employee knew
or should have known the disease is related to
the employment.
PT payments
Unlimited
Same as for accidents. No PP
disability for silicosis.29
Same as for
accidents
Unlimited
Same as for
accidents
Same as for accidents.
Same as for accidents.
Within one year of last exposure, except
radiation. Pulmonary dust disease-within
two years. Byssinosis-within seven years
of last exposure.
The later of the following dates: (a) within one
year from date first discovered, or in exercise
of reasonable care should have discovered, the
occupational disease; or (b) one year from date
of disability or being informed by a physician
that worker is suffering from occupational
disease.
Within two years of disability or employee's
knowledge related to employment.
Medical
Care
Same as for
injuries.
Compensation2
Same as for accidents.
Unlimited
Same as for accidents.28
Unlimited
Same as for accidents.
Within two years of diagnosis or death.
Radiation-limitation runs from date of
disability and claimant should know relation to
employment.
Disability
payments
Unlimited
Same as for accidents.
Worker who is affected but
not disabled is not entitled
to compensation (except
radiation).
USCC Workers Comp 2024

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