2020 Analysis of Workers' Compensation Laws - 35

Chart IV-Coverage of Occupational Diseases, cont.

2020 Analysis of Workers' Compensation Laws | 35

Jurisdiction

Nature of
Coverage1

Medical Boards Onset of Disability or Death

Time Limit on Claim Filing

Maine

All diseases

 

Disability-within three years of last exposure
(does not apply to asbestos-related diseases
or full-time firefighters claiming occupationally
related cancer whose last exposure is after
1/1/85). Employer liable only if exposure
lasts at least 60 days (except for radiation
and asbestos-related diseases). Silicosis-
presumed not to be occupational unless
in-state exposure in two years during 15 years
preceding disability (part of exposure may be
out-of-state if same employer).

Disability-within two years or six years from
the most recent payment. Death-within
one year of death or two years from date of
injury, but not later than six years from the last
payment. Asbestos-related disease-within 40
years of last payment. Radiation-limit runs
from latter of date of disability or date claimant
should know relation to employment. If mistake
of fact, within reasonable time, but no later than
six years of last payment.

Maryland

All diseases

 

 

Massachusetts

All diseases

 

Michigan

All diseases

Minnesota

Deductions
From Death
Awards

Medical Care

Compensation2

Disability
payments

Unlimited

Same as for accidents.

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

 

Unlimited

Same as for accidents.

 

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

Disability
payments

Unlimited

Same as for accidents.

 

 

Within two years of knowledge of relation to
employment.

 

 

Same as for accidents.14

All diseases15

 

 

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

 

Same as for injuries

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

Mississippi

All diseases

 

Radiation-date of disability is date of injury.

Within two years of disability or death.

Same as for
accidents

Unlimited

Same as for accidents.

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 the 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.

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, as of
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.

Montana

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.

13
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