USCC Workers Comp 2023 - 85

2023 Analysis of Workers' Compensation Laws | 85
Chart IX-Waiting Period for Income/Medical Benefits, cont.
Jurisdiction Waiting Period1
Retroactive
Period
New Jersey
New Mexico
New York
Seven days
Seven days
Seven days/wage
replacement benefits
only
Seven days
Four weeks
Two weeks
Unlimited2
Yes38
No
Yes
Choice of Physician
Employer
Yes
Yes
PPOs
Artificial
Employee
No
Yes
From state list of authorized
physicians
Appliances
Furnished
Yes
Yes
Yes
Medical Benefits
Special Provisions
Hospital care must be semiprivate, if available.
The party not making the initial choice has the right to change the health
care provider after 60 days or when treatment is unreasonable.
Employer liable for medical care, nursing or hospital services, prosthetic
devices, podiatry, and chiropractic care. Employer liable for psychological
care upon referral from authorized physician. Surgery, specialist
consultations, therapy, X-rays, and special diagnostic tests costing more
than $1,000 require preauthorization from employer except in emergency.
Thirty-day opt-out PPOs to be enforceable in unionized setting.
North Carolina Seven days
Three weeks
Yes-certain
statutory
criteria exist
for choice of
physician
North Dakota
Ohio
Oklahoma
Five days
Seven days
Three days-TT
Five days
Two weeks
None
Yes
Yes
Yes
Initial choice within
five days of actual
knowledge of injury.
Yes
Agency may change
Yes
Employer must repair or replace appliances damaged in compensable
accident in state. Medical care includes rehabilitation services.
Yes
Yes, agency may change
Yes
Employee may select at
employer's expense if the
employer fails or neglects to
timely provide the treatment
or where an emergency exists.
Employee is allowed one change
of employer-selected physician.
Oregon
Pennsylvania
Rhode Island
Three days
Seven days
Three days
South Carolina Seven days
South Dakota
Tennessee
Texas
Utah
Seven days44
Seven days
Seven days
Three days
Two weeks
Seven days
14 days
14 days
14 days
Two weeks
Two weeks
Yes39
Yes40
Yes
Yes
Yes
Employee may designate his or her own doctor, but this must be done
prior to injury.
Injury includes hospitalization and damage to eyeglasses, dentures,
hearing aids, or prosthetic devices.
Employer must repair or replace devices and appliances. Special
provisions for hernias.
Yes
Insurer or employer may pay for spiritual treatment. Insurer or employer
may provide medical treatment through an approved managed care
organization.
Yes
Yes42
Yes
Yes
Yes45
Yes46
Yes
May have preferred
list41
Yes43
Yes
Yes
From employer list
Yes47
Initial choice and may
declare PPO
Yes, one change without
permission
From employer list41
Yes43
Yes
Yes
Yes
Yes
Yes
Yes
Yes
There is no waiting period for medical benefits under the Act.
Injury includes damage to and cost of replacement of eyeglasses,
hearing aids, and prosthetic devices.
Injury includes damage to and cost of replacement of eyeglasses,
hearing aids, and prosthetic devices.
Employer must repair or replace appliances damaged in compensable
accident.
Provides for nursing services and treatment by chiropractors and
psychologists.
Reasonable amounts awarded for repair or replacement of artificial
appliances.
USCC Workers Comp 2023

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