Chart IV-Coverage of Occupational Diseases, cont. Jurisdiction Nature of Coverage1 Deductions From Death Awards Medical Care Medical Boards Onset of Disability or Death Time Limit on Claim Filing Compensation2 Division may contract with physicians for reports 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. PT payments Unlimited Same as for accidents. No PP disability for silicosis.29 Same as for accidents Unlimited Same as for accidents. 36 | 2019 Analysis of Workers' Compensation Laws South Dakota All diseases Tennessee All diseases Within one year of disability or death. Texas All diseases arising out of and in the course of employment Within one year of the date the employee knew or should have known the disease is related to the employment. Same as for accidents Same as for accidents. Utah All diseases Within six years of knowledge of relation to employment. Death-within one year. Unlimited Same as for accidents. Possible apportionment of both indemnity and medical benefits awarded.30 Vermont All diseases Within two years of the date the occupational disease is reasonably discoverable and apparent. Unlimited Same as for accidents. Virginia All diseases; some ordinary diseases of life under usual evidentiary standards of proof31 Unlimited Same as for accidents.33 Worker who is affected but not disabled may waive compensation, subject to approval of commission. Washington All diseases, excluding mental conditions or disabilities caused by stress, except for certain firefighters and law enforcement officers Within two years of date worker and department are notified in writing that disease is present. Unlimited Same as for accidents. West Virginia All diseases except mental claims Pneumoconiosis-two years of continuous exposure in the 10 years prior to last exposure or five years' cumulative exposure within the 15 years prior to date of last exposure. Pneumoconiosis-within three years of last exposure or after a diagnosed impairment due to occupational pneumoconiosis was made known to the employee by a physician. Death-within two years. Occupational Disease-within three years of last exposure, the date the OD was made known to the employee by a physician or reasonable knowledge. Death-within one year. Unlimited except pneumoconiosis claims, where medical care is based on percentage of impairment Same as for accidents. Pneumoconiosis-benefits for federal claims are paid from the Coal Workers' Pneumoconiosis Fund. Wisconsin All diseases Disability date is last day of work for last employer whose employment caused disability. Within two years after knowledge of relation to employment. After 12 years, claim may be filed with Work Injury Supplemental Benefit Fund. Unlimited Same as for accidents. Within 180 days from the date on which worker has knowledge or reasonably should have had knowledge of relation to employment. Pneumoconiosis-exposure in 90 work shifts conclusive as to injurious exposure. IME may be ordered. Within two years of diagnosis or within five years of last injurious exposure, whichever is first.32 Death-within three years. Disability payments