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May 16, 2023

Workers Compensation - The 90-Day Rule

workers compensation 90day rule

Workers' compensation provides injured workers with protection, yet each state varies in its implementation of workers' comp law. Law can differ significantly depending on your location, including how each state handles the 90-day rule - this rule could ultimately play an integral role in deciding how much medical care you receive for a work injury or illness claim; having an attorney who understands these local requirements can be invaluable.

Most workers' compensation claims require a 90-day investigation period from when an injured worker reports their injury to their employer, at which point either a decision on their case must be given or they must receive a letter informing them why there has been a delay and when their final resolution will come.

Many states mandate that employees visit an approved panel of doctors within 90 days after an injury or illness occurs, which are typically chosen by their insurer. After this initial period has passed, an injured worker can opt to visit any health care provider offering treatments relevant to their work injury or illness.

If you've been waiting on an adjudication of your workers' compensation claim or have received a delay letter, contact Hinden & Breslavsky immediately to learn about the workers' comp 90-day rule in your state and how best to move forward with resolving it. Our knowledgeable team can offer invaluable assistance.