2020 Analysis of Workers' Compensation Laws - 34

Chart IV-Coverage of Occupational Diseases, cont.

34 | 2020 Analysis of Workers' Compensation Laws

Time Limit on Claim Filing

Deductions
From Death
Awards

Medical Care

Compensation2

Employer liable for non-acute disease only
if exposure lasts at least 60 actual working
days.

Within one year of manifestation or death.

 

Unlimited

Same as for accidents.
Silicosis-partial disability
noncompensable; if later
disabled, receive benefits up
to $5,000.

 

Disability-within two years of last
exposure. Berylliosis, silicosis, or
asbestosis-within three years. Radiation-
within 25 years.

Disability-within three years or two years
after last payment. Death-within three
years of death or last payment. Coal miner's
pneumoconiosis-within five years of last
exposure or payment. Radiation or asbestosis-
within 25 years of last exposure.

 

Unlimited

Same as for accidents.

All diseases

 

Disability-within two years of last
exposure. Berylliosis or silicosis-within
three years. Asbestosis-within 35 years.8
Employer liable for silicosis or asbestosis
only if exposure lasts 60 days. Radiation-
within two years after claimant knows
relation to employment. Death-within two
years or up to 300 weeks after disability.

Within two years of disability or death.
Radiation-within one year and claimant should
know relation to employment.

Disability
payments

Unlimited

Same as for accidents.

Iowa

All diseases

 

Disability-within one year of last
exposure. Death-within one year or seven
years if following continuous disability.
Pneumoconiosis9-within three years
(exposure must be in five years over 10
years prior to disability or two of five years
in state).

Within two years of disability or death or three
years after last payment. Radiation-within
90 days and claimant should know relation to
employment.

Same as for
accidents

Unlimited

Same as for accidents.

Kansas

All diseases

 

Disability10-within one year of last
exposure. Death-within one year or seven
years if following continuous disability.
Silicosis-within three years (exposure
must be in five years over 10 years prior to
disability or two of five years in state, unless
same employer); employer liable only if
exposure lasts 60 days.

Within one year of disability, death, or last
payment. Silicosis-within two years of
last payment. Radiation-within one year of
knowledge of relation to employment.

 

Unlimited

Same as for accidents.

Kentucky

All diseases

 

 

Disability-within three years of last exposure
or first manifestation. Death-within three
years. No claim allowed more than five years
after last exposure, except for radiation or
asbestosis11-within 20 years.

 

 

Same as for accidents. Coal
Miner's Pneumoconiosis-
Kentucky Coal Workers'
Pneumoconiosis Fund
provides 50% of benefits,
and employer at the time of
last exposure pays 50%. In
other occupational diseases,
employer at the time of last
exposure pays 100%.

Louisiana

All diseases12

 

Within one year, unless refutable by
preponderance of evidence.

Disability-within three years of last exposure
or first manifestation. Death-within one year.

Same as for
accidents

Unlimited

Same as for accidents.

Jurisdiction

Nature of
Coverage1

Medical Boards Onset of Disability or Death

Idaho

All diseases

 

Illinois

All diseases

Indiana

7
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