Start the clock… 3, 5, or 7 days before lost wage payments?

Check out this quick chart for answers on what the waiting period is in your state or province before lost wages kick in from workers’ compensation.

What is the retroactive period when an employee is able to recoup those first unpaid days?

How about who gets to direct care?

It varies by state.  The answers are here!

Jurisdiction Waiting Period Retroactive Period Unlimited Choice of Physician                                                         Employer                             Employee   
Alabama 3 days 21 days Yes Initial Choice Yes
Alaska 3 days, for income benefits only 4 weeks Reasonable and necessary; subject to frequency standards May have preferred provider list and may have employee examined by their own medical examiner Free to choose any attending physician, need not use a physician on employer’s preferred provider list
Arizona 7 days 2 weeks Yes Initial choice Yes
Arkansas 7 days 2 weeks No Initial choice from among those associated with managed care entities certified by commission The claimant has a right to a one-time change of physician
California 3 days 14 days Yes-subject to medical utilization guidelines Choose from MPN list If employee has predestinated a physician before time of injury, may treat with physician
Colorado 3 days 2 weeks Yes Initial choice from employer provided list of designated providers to choose from Employee has one-time right to change physicians to another one on list provided by employer within ninety days from the date of injury if prior to MMI
Connecticut 3 days 1 week Yes From state list
Delaware 3 days 7 days Yes Yes
District of Columbia 3 days 2 weeks Yes Yes
Florida 7 days 21 days Yes Yes The claimant has a right to a one-time change of physician-employer/carrier choice
Georgia 7 days 21 days Yes Agency may change at employer’s or employee’s request Employee has choice from valid panel and is allowed one change-if panel invalid any physician permitted with one change
Hawaii 3 days-TT Yes Yes
Idaho 5 days 2 weeks Yes Yes May apply to commission
Illinois 3 days 2 weeks Yes Employer to reflect that employers may establish a preferred provider program. If an employee does not utilize the established preferred provider program, they will be limited one free choice of physician outside the network Yes, with limitations
Indiana 7 days 3 weeks Yes Yes
Iowa 3 days 14 days Yes Yes
Kansas 7 days 21 consecutive days Yes Yes *
Kentucky 7 days 2 weeks Yes May provide managed health care system Yes
Louisiana 7 days 2 weeks Yes Yes Yes
Maine 7 days 2 weeks Yes Initial choice Yes, after 10 days
Maryland 3 days-TT After 14 days Yes Yes
Massachusetts 5 days 21 days Yes Yes
Michigan 7 days 2 weeks yes Initial choice Yes, after 10 days
Minnesota 3 days 10 days Yes-Treatment parameters describe reasonable treatment Agency may change
Mississippi 5 days 2 weeks Yes Yes
Missouri 3 days 14 days Yes Yes but agency may change
Montana 4 days or 32 hours, whichever is less 21 days or more Yes Yes Yes for dates of injury prior to 7/1/11
Nebraska 7 days 6 weeks Yes Yes Yes
Nevada 5 days-TT 6 days-TT Yes * Yes
New Hampshire 3 days 14 days or more Yes Initial choice (within a network if managed cared)
New Jersey 7 days 7 days Yes Yes No
New Mexico 7 days 4 weeks No Yes Yes
New York 7 days/wage replacement benefits only 2 weeks Yes PPOs From state list of authorized physicians
North Carolina 7 days 3 weeks Yes-certain statutory criteria exist for choice of physician Yes Agency may change
North Dakota 5 days 5 days Yes Yes Yes, agency may change
Ohio 7 days 2 weeks Yes Yes
Oklahoma 3 days-TT None Yes Initial choice within 5 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 a emergency exists.   Employee is allowed one change of employer-selected physician.
Oregon 3 days 2 weeks Yes Yes
Pennsylvania 7 days 2 weeks Yes May have preferred list From employer list
Rhode Island 3 days Yes Yes Yes
South Carolina 7 days 2 weeks Yes Yes
South Dakota 7 days 7 days Yes Yes
Tennessee 7 days 14 days Yes From employer list
Texas 7 days 14 days Yes Yes
Utah 3 days 14 days Yes Employer may declare PPO Yes, 1 change
Vermont 3 days for temporary total disability no waiting period for medical benefits 10 days for temporary total disability Yes Initial choice Employee may change
Virginia 7 days 3 weeks Yes From employer list
Washington 3 days 2 weeks Yes Yes, but must be with a provider from network established by agency (except an initial office visit or emergency room visit)
West Virginia 3 days 1 weeks Yes May have preferred list May choose within employer-or commission-managed care system; if no such system, unrestricted choice
Wisconsin 3 days 1 week Yes Yes
Wyoming 3 days 9 days Yes Second opinion Yes
America Samoa No
Virgin Islands 0 days None No Initial choice
FECA 3 days 2 weeks Yes Yes
Longshore Act 3 days 2 weeks Yes Labor secretary may change
Alberta 1 day Yes Yes, at boards discretion
British Columbia * Yes Yes
Manitoba 1 day Yes Yes
New Brunswick 3 days-waived when hospitalization is required, or if the injured worker is employed as a police officer or firefighter 20 working days Yes No Yes
Newfoundland and Labrador 1 day * Yes
Northwest Territories and Nunavut 1 day Yes Yes
Nova Scotia 2 days Waiting period paid if off 5 weeks Yes Yes Yes
Nunavut 1 day Yes Yes
Ontario * * Yes * Initial choice
Prince Edward Island 2/5 of first week of wage loss benefits Waiting period refunded to worker if worker continues to have a loss of earning capacity for more than 4 consecutive weeks. Wage loss benefits are not paid for the day of injury. Yes No Initial choice
Québec Day of injury * Yes Yes
Saskatchewan Earnings loss benefits not paid for day of injury Earnings loss benefits not paid for day of injury Yes Yes
Yukon Territory Earnings loss benefits not paid for day of injury. Employer….. Yes Yes

Leave a Reply

Your email address will not be published. Required fields are marked *