2020 Analysis of Workers' Compensation Laws - 86

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

 
Waiting Period1

 
Retroactive
Period

 
Unlimited2

Tennessee

Seven days

Texas

Choice of Physician

86 | 2020 Analysis of Workers' Compensation Laws

Employer

Employee

Artificial
Appliances
Furnished

14 days

45

Yes

 

From employer list

Yes

Provides for nursing services and treatment by chiropractors and
psychologists.

Seven days

14 days

Yes46

 

Yes47

Yes

 

Utah

Three days

14 days

Yes

Initial choice and may
declare PPO

Yes, one change without
permission

Yes

Reasonable amounts awarded for repair or replacement of artificial
appliances.

Vermont

Three days for temporary total disability,
eight days for temporary partial disability,
no waiting period for
medical benefits.

10 days for
temporary total
disability

Yes

Initial choice

Employee may change

Yes

Injury includes damage to and cost of replacement of eyeglasses,
hearing aids, and prosthetic devices. Employer must not withhold
any wages from an employee if the employee's absence is for an
examination or treatment of a work injury.

Virginia

Seven days

Three weeks

Yes

 

From employer list

Yes

Employer must repair or replace appliances damaged in compensable
accident and may be ordered to make alterations to home, maximum
$42,000.

Washington

Three days

Two weeks

Yes

 

Yes, but must be with a
provider from network
established by agency (except
an initial office visit or
emergency room visit).

Yes

Employees of State Fund employers may pay half of medical aid
premiums. Employees of self-insured employers may pay half of the
supplemental pension and asbestos assessments and pay all the cost of
the overpayment reimbursement fund.

West Virginia

Three days

One week

Yes48

May have a preferred
list

May choose within employeror commission-managed care
system; if no such system,
unrestricted choice

Yes

Payment for prosthetic or orthotic appliances if medically necessary.
Repair or replacement of eyeglasses damaged in an accident not
reimbursable unless there is a compensable injury.

Wisconsin

Three days

One week

Yes

 

Yes

Yes

Repair or replacement of appliance is limited to normal wear and
tear. Dental care, eyeglasses, and hearing aids are also covered.
Repair or replacement of eyeglasses and hearing aids not paid for
unless damaged in compensable accident. Employer or insurer may
request that a physician examine injured employee to determine
reasonableness of claim.

Wyoming

Three days

Nine days

Yes

Second opinion

Yes

Yes

All medical bills audited according to promulgated fee schedule.

American
Samoa

 

 

No

 

 

Yes

Employer will furnish, where no other provision is made, medical,
surgical, and other attendance or treatment, nurse, hospital service,
medicine, crutches, and apparatus for such period as the nature of the
injury or process of recovery may require.

Virgin Islands

0 days

None

No49

Initial choice

 

Yes

$200,000 limit for specialized treatment not available in the Virgin
Islands.50 $75,000 for treatment within the Virgin Islands.

FECA

Three days51

Two weeks

Yes

 

Yes

Yes

 

Longshore Act

Three days

Two weeks

Yes

 

Labor secretary may change

Yes

Consent for specialist, if needed.

52

Medical Benefits
Special Provisions
2020 Analysis of Workers' Compensation Laws

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