2020 Analysis of Workers' Compensation Laws - 38

Chart IV-Coverage of Occupational Diseases, cont.

Jurisdiction

Nature of
Coverage1

Medical Boards Onset of Disability or Death

Time Limit on Claim Filing

Deductions
From Death
Awards

Medical Care

Compensation2

38 | 2020 Analysis of Workers' Compensation Laws

Pennsylvania

All diseases

IME may be
ordered.

Within 300 weeks of last exposure (except
death following disability that occurs
within 300 weeks of last exposure).
Silicosis, anthracosilicosis, or coal miner's
pneumoconiosis-must be in-state exposure
in two years during 10 years preceding
disability.

The later of the following dates: (a) within one
year from date first discovered, or in exercise
of reasonable care should have discovered, the
occupational disease; or (b) one year from date
of disability or being informed by a physician
that worker is suffering from occupational
disease.

 

Unlimited

Same as for accidents.28

Rhode
Island

All diseases

Medical Advisory
Board may order
IME by one or
more impartial
physicians.

 

Within two years of disability or employee's
knowledge related to employment.

 

Unlimited

Same as for accidents.

South
Carolina

All diseases

Medical Board
may be used or
Commission can
order third-party
medical provider
to review;
pulmonary cases
may be referred to
pulmonary specialist
of state medical
universities.

Within one year of last exposure, except
radiation. Pulmonary dust disease-within
two years. Byssinosis-within seven years
of last exposure.

Within two years of diagnosis or death.
Radiation-limitation runs from date of
disability and claimant should know relation to
employment.

Disability
payments

Unlimited

Same as for accidents.
Worker who is affected but
not disabled may waive
compensation (except
radiation).

South
Dakota

All diseases

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

Tennessee

All diseases

 

 

Within one year of disability or death.

Same as for
accidents

Unlimited

Same as for accidents.

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 180 days from the date on which
worker has knowledge or reasonably
should have had knowledge of relation to
employment.

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

 

Pneumoconiosis-exposure in 90 work shifts
conclusive as to injurious exposure.

Within two years of diagnosis or within five
years of last injurious exposure, whichever is
first.32 Death-within three years.

Unlimited

Same as for accidents.33
Worker who is affected but
not disabled may waive
compensation, subject to
approval of commission.

Disability
payments



2020 Analysis of Workers' Compensation Laws

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