2020 Analysis of Workers' Compensation Laws - 37

Chart IV-Coverage of Occupational Diseases, cont.

2020 Analysis of Workers' Compensation Laws | 37

Jurisdiction

Nature of
Coverage1

Medical Boards Onset of Disability or Death

Time Limit on Claim Filing

North
Carolina

All occupational
diseases

Commission may
order IME.

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.

North
Dakota

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

 

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

Ohio

All diseases

Medical specialist
in specific cases;
findings advisory

Oklahoma

All diseases resulting
in disability or death
and arising out of
and in the course
of employment or
naturally following or
unavoidably resulting
from a compensable
injury

Oregon

All diseases27

Deductions
From Death
Awards

Medical Care

Compensation2

 

Subject to
limitation of two
years from last
payment of medical
or indemnity
compensation

Same as for accidents except
for asbestos and silicosis.24

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

 

Unlimited

Same as for accidents.

 

Within two years of disability or death or within
six months of diagnosis, whichever is later.

 

 

Same as for accidents.
Respiratory dust disease-no
partial disability.26

IME may be
ordered.

Silicosis or asbestosis-within three
years after last injurious exposure. Other
occupational disease, except a diseased
condition caused by radiation-within one
year of last injurious exposure. Radiation-
no limitations apply to onset of disability or
death. Death-within the period for which
compensation has been paid or awarded or
timely claim made and results within seven
years after the last exposure.

Occupational disease-within two years from
last exposure. Silicosis or asbestosis-within
one year of disablement. Radiation-within two
years of awareness.

 

Unlimited

Same as for accidents.

 

 

The later of the two dates: (1) one year from
the date the worker discovered, or should have
discovered, the occupational disease; or (2) one
year from the date the worker becomes disabled
or is informed by a physician that the claimant
is suffering from an occupational disease. If
the disease results in death, one year from the
date the worker's beneficiary first discovered,
or should have discovered, that the cause of
the worker's death was due to the occupational
disease.

 

Same as for
injuries.

Same as for accidents.
2020 Analysis of Workers' Compensation Laws

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