2019 Analysis of Workers' Compensation Laws - 34

Chart IV-Coverage of Occupational Diseases, cont.

Jurisdiction

Nature of
Coverage1

34 | 2019 Analysis of Workers' Compensation Laws

New
Hampshire

All diseases

New Jersey

All diseases

New
Mexico

All diseases21

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

North
Dakota

All diseases arising
out of and in the
course of employment,
excluding stress
(aside from an acute
reaction to traumatic
event)25

Medical Boards

Medical
Care

Compensation2

Unlimited

Same as for accidents.

Unlimited

Same as for accidents.

Within one year of disability. Death-within
one year. Radiation-within one year of date
worker knew relation to employment.

Unlimited

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 (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.

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

Death-within one year of injury or within
six years if disability is continuous.

Within one year of injury. Death-within two
years.

Unlimited

Same as for accidents.

Onset of Disability or Death

Time Limit on Claim Filing

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.

Within two years for notification to employer.
Within three years for filing a claim for
disability, rehabilitation, medical, or death
benefits.

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.
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.

Commission may
order IME

Deductions
From Death
Awards

Disability
payments
2019 Analysis of Workers' Compensation Laws

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