2020 Analysis of Workers' Compensation Laws - 85

Chart IX-Waiting Period for Income/Medical Benefits, cont.
 
Jurisdiction

 
Waiting Period1

 
Retroactive
Period

 
Unlimited2

2020 Analysis of Workers' Compensation Laws | 85

Employer

Employee

Artificial
Appliances
Furnished

Yes

35

Nevada

Five days-TT

Six days-TT

Yes

Yes

Spiritual treatment permitted.

New
Hampshire

Three days

14 days or more

Yes

 

Initial choice (within a network
if managed care)

Yes

Employer must repair or replace appliances.

New Jersey

Seven days

Seven days

Yes38

Yes

No

Yes

Hospital care must be semiprivate, if available.

New Mexico

Seven days

Four weeks

No

Yes

Yes

Yes

The party not making the initial choice has the right to change the
health care provider after 60 days or when treatment is unreasonable.

New York

Seven days/wage
replacement benefits
only

Two weeks

Yes

PPOs

From state list of authorized
physicians

Yes

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

Yes

Agency may change

Yes

Employer must repair or replace appliances damaged in compensable
accident in state. Medical care includes rehabilitation services.

North Dakota

Five days

Five days

Yes

Yes

Yes, agency may change

Yes

Employee may designate his or her own doctor, but this must be done
prior to injury.

Ohio

Seven days

Two weeks

Yes

 

Yes

Yes

Injury includes hospitalization and damage to eyeglasses, dentures,
hearing aids, or prosthetic devices.

Oklahoma

Three days-TT

None

Yes

Initial choice within
five days of actual
knowledge of injury.

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.

Yes

Employer must repair or replace devices and appliances. Special
provisions for hernias.

Oregon

Three days

Two weeks

Yes39

 

Yes40

Yes

Insurer or employer may pay for spiritual treatment. Insurer or employer
may provide medical treatment through an approved managed care
organization.

Pennsylvania

Seven days

Two weeks

Yes

May have preferred
list41

From employer list41

Yes

There is no waiting period for medical benefits under the Act.

Rhode Island

Three days

 

Yes42

Yes43

Yes43

Yes

Injury includes damage to and cost of replacement of eyeglasses,
hearing aids, and prosthetic devices.

South Carolina

Seven days

Two weeks

Yes

Yes

 

Yes

Injury includes damage to and cost of replacement of eyeglasses,
hearing aids, and prosthetic devices.

South Dakota

Seven days44

Seven days

Yes

 

Yes

Yes

Employer must repair or replace appliances damaged in compensable
accident.

34

34

37

Choice of Physician

36

Medical Benefits
Special Provisions
2020 Analysis of Workers' Compensation Laws

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