While workers’ compensation is a nationwide protection granted to injured workers, how courts and officials handle workers’ comp cases is up to each state. As a result, workers' compensation laws vary depending on what part of the country you’re in. Despite this, you might be surprised to learn that nearly every state has its own version of “the 90-day rule” in workers’ compensation law.
However, what one state means by the “90-day rule” could differ wildly from what another state calls “the 90-day rule.” By and large, these rules are not related to any other state’s rules, but they all use 90 days as a period by which the rule takes effect.
For people unfamiliar with the law, it can be a little confusing.
The 90-Day Panel Physician Rule in Pennsylvania
Our state’s 90-day rule, for instance, deals with seeking medical care after a work injury.
In Pennsylvania, the 90-day rule states that injured workers must initially see "panel physicians”—a list of pre-approved doctors posted by the employer—within 90 days of their workplace injury to receive compensation. If they see a different doctor, workers' compensation won’t necessarily have to cover the cost. However, after the 90-day period, workers can see any licensed medical care provider of their choice, but ongoing care must be "necessary and related to the work injury.”
Other states have different rules regarding when and how long an injured worker can see a doctor of their choice. Some states may have a longer or shorter waiting period before an injured worker can see a non-panel physician, and others may have different requirements for ongoing care. You have a right to know the specific rules and regulations for workers' compensation in your state if you are injured on the job.
Other 90-Day Rules Across the Country
In other states, their own versions of the 90-day rule may have nothing to do with panel physicians. For instance, California’s 90-day rule has to do with insurance deadlines. Insurers have 14 days from the filing of a work injury claim to respond. Employers may delay a claim decision, but if they do, they have 90 days to review and respond to the claim. If 90 days pass without a response, the claim is considered automatically accepted, and all eligible costs are covered by workers' compensation. Meanwhile, other states have entirely different rules setting deadlines for insurers on workers' compensation cases.
See what we mean by confusing?
If you’re injured at work in Pennsylvania, you need a Pennsylvania workers' comp lawyer. When it comes to your future, you can’t afford to make any mistakes—especially given how tough workers’ comp law can be to navigate. The law firm of Handler, Henning & Rosenberg LLC, led by J. Jeffrey Watson, has the experience, skill, and know-how to get you what you need. Watson is certified as a specialist in the practice of workers' compensation law by the Pennsylvania Bar Association’s Workers' Compensation Law Section as authorized by the Pennsylvania Supreme Court. Don’t let an injury on the job prevent you from getting the compensation you deserve. Contact Handler, Henning & Rosenberg LLC for a consultation today.