Workers Compensation and the 90 Day Rule

If you are receiving temporary workers' comp payments for injuries sustained at work and require medical reports in a timely fashion, consulting with an experienced work injury lawyer for assistance will be beneficial to moving forward with recovery.

State workers' compensation laws contain rules and requirements for injured workers, one of which being the 90 day rule.

Pennsylvania’s 90-Day Rule

State workers' compensation laws outline your entitlements if you experience workplace injuries or illnesses, such as medical care for injuries sustained during work-related incidents; wage-loss benefits while recovering; death benefits if fatality results due to your work-related illness; and death benefits payable if it results from workplace illness or injury. Pennsylvania law mandates your employer report any work-related injuries to the bureau of workers' compensation so a judge can quickly evaluate and decide your claim; prompt reporting is key to making sure you receive your benefits in a timely fashion.

As soon as a workers' comp claim is filed, your insurer has 14 days to respond; otherwise if they fail to do so within 90 days of being served with it, all eligible expenses will automatically be covered by them. Note: Some states such as California may have different rules regarding insurers and workers' comp claims; for more information see these pages.

Whenever there are any doubts regarding the validity of your workers' comp claim, your insurer is required to refer you to one of their approved panel doctors for examination and initial treatment. After 90 days have passed, however, you can select your own health care providers as long as they are licensed and willing to treat work-related injuries or illnesses.

Arizona’s 90-Day Rule

Arizona adheres to stringent laws and regulations designed to prohibit employment and termination discrimination on multiple grounds, such as age, gender, race/ethnicity, religion and sexual orientation. Furthermore, discrimination due to membership or refusal in a union is strictly forbidden.

Additionally, state law mandates that employers provide leave to victims of domestic violence. This may include time off work for legal proceedings as well as unpaid time to recover from physical and psychological injuries sustained from domestic abuse. Furthermore, state law permits employees to use leave to donate bone marrow or organ transplants provided donors meet certain requirements.

State law mandates that tipped workers are guaranteed at least the minimum wage, with additional tips pooled or shared between other tipped employees and non-tipped ones. When total wages and tips paid equal or exceed this amount, overtime pay may not be due for this worker.

Arizona mandates that public and private employers permit employees serving in the National Guard or Military Reserve Components to take military leave without it impacting vacation days or seniority. Arizona does not abide by the Uniformed Services Employment and Reemployment Rights Act's requirement that an employer compensate their employee during this leave, so there may not be a financial benefit associated with taking military leave in Arizona.

Colorado’s 90-Day Rule

As previously discussed, workers' compensation rules vary considerably by state. In Colorado, for instance, the 90 day rule determines how medical treatment for an injury or illness will be paid for after it occurs.

Employees must visit one of the panel physicians within 90 days after experiencing work injury or illness; once this time has elapsed, however, they are free to choose their own provider; with only one caveat being that any doctor chosen must offer treatments related to workplace injury/illness.

Employers must post a list of panel physicians in an easily visible place such as a break room and require employees to sign a document acknowledging they must see only these doctors. Many employers inform their employees that seeing another doctor could jeopardize their benefits; this, however, is false; should an injured worker's new provider request medical records, employers must give these to him/her.

Injuryd workers should schedule medical appointments outside of work hours whenever possible. Should these meetings interfere with work, a CSU Workers' Compensation Manager can help coordinate appointments that do not interfere with department workflow.

Report all injuries and illnesses promptly to both their employer or insurer to help reduce benefit delays. Employees should also seek advice from their health care provider about the best way to report an incident or illness.

Maine’s 90-Day Rule

Maine workers' comp law called the State Plan establishes certain requirements for employers of state and local government employees, including how they must report occupational injuries and illnesses as well as provide medical treatment to employees who experience them.

This plan also requires state and local government employers to comply with workplace safety rules, provide an environment free from recognized hazards and keep appropriate records of injuries or illnesses promptly reported by them.

Maine employees who experience work-related injury or illness must promptly inform their employers. When reporting the incident, details such as date and place must be given as well as reporting any losses associated with it, including work time lost.

Under state workers' compensation statute, an employer/insurer is expected to respond within 14 days from when a claim form was filed; otherwise they must still provide up to $10,000 worth of medical care as well as temporarily waive temporary wage loss benefits.

Workers injured on the job must follow the advice of their workers' comp doctor for at least 90 days following an injury, then can visit any healthcare provider of their choosing as long as their treatments pertain to the injury they sustained in the workplace.