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 | Employee may select second physician from panel of 4 if dissatisfied with first. |
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- after first visit with employer selected physician |
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 (choice of examining) | Yes (choice of treating) |
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 |