2019 Analysis of Workers' Compensation Laws - 33

Chart IV-Coverage of Occupational Diseases, cont.

2019 Analysis of Workers' Compensation Laws | 33

Jurisdiction

Nature of
Coverage1

Maryland

All diseases

Disability-within two years. Pulmonary dust
disease-within three years.

Massachusetts

All diseases

Within four years of diagnosis or knowledge of
relation to employment.

Michigan

All diseases

Within two years of knowledge of relation to
employment.

Minnesota

All diseases15

Within three years of disability and knowledge
of relation to employment.

Mississippi

All diseases

Radiation-date of disability is date of
injury.

Within two years of disability or death.

Missouri

All diseases16

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 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.

Montana

Medical Boards

Onset of Disability or Death

Time Limit on Claim Filing

Deductions
From Death
Awards

Disability
payments

Medical
Care

Compensation2

Unlimited

Same as for accidents.

Unlimited

Same as for accidents.
Same as for accidents.14

Same as for
injuries

Same as for injuries.
Nondisabled claimants
eligible for medical benefits.

Unlimited

Same as for accidents.

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.

Unlimited

Same as for accidents in most
cases. However, effective
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.

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.

Same as for
injuries

Same as for injuries. Benefits
for pneumoconiosis reduced
by amount payable under
federal law. Silicosis victims
or beneficiaries18 may receive
up to $350 monthly.

Nebraska

All diseases

Within two years of disability or upon
manifestation.

Unlimited

Same as for accidents.

Nevada

All diseases19

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.

Unlimited

Same as for accidents.

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

Same as for
accidents
2019 Analysis of Workers' Compensation Laws

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