Differences In Workers Compensation State Laws

In few nations like the US, there are workers compensation state laws to govern and regulate the compensation at the state level. So, there are differences in the processing of workers compensation in different states. Workers compensation is paid to the those who have suffered physical and financial losses during injury or illness at work place. In general, such compensatory benefits are paid to workers in almost all nations through a centralized program.

Compensation Coverage Requirement

The compensation coverage requirement for employees’ varies from state to state. In Texas, a private sector employer has the option of not selecting compensation coverage for its employees. However, most of the states make it compulsory to subscribe to a workers’ compensation program for the benefit of its employees. In few states like Georgia, Missouri and Wyoming, it is optional for agricultural employers alone.

Statutory Limitation

Nearly 45 states do not impose any statute of limitation on acquiring medical benefits. There is no limitation for the length of the medical care and the amount of money spent for the same. Tennessee State alone places a limitation on the psychological treatment. Another state Arkansas ends the liability of the worker for medical benefits if the worker has not lost work time or a maximum of $10,000 has been paid or returned to work for at least 6 months.

Choice of Physician

An affected worker in states like Alabama, Indiana, and Kansas can choose a physician for initial treatments if he/she has the records proving previous treatments with the same physician, while an injured worker in the states of Connecticut, Nevada, New York and Texas has to choose a physician from the list prepared by the state agency.

Waiting Period

After the workers compensation claim is accepted, workers have to wait for a period of time before they start receiving the income benefits. This period vary from state to state. States like Alaska, Delaware, Hawaii give 3 days of waiting, while North Dakota gives 4 days; Idaho, Massachusetts, Mississippi, Nevada and Montana give 5 days, and states like Arizona, Arkansas, Indiana, Michigan and Virginia give 7 days of waiting period.

Compensation Benefits

Most of the states pay Temporary total disability benefits based on 66.66% of average weekly wages (AWW), while in Texas; it is 70% to 75% of AWW. And in Alaska it is 80% of AWW after tax earnings.

Get Legal Advice

Like the above-mentioned aspects, there are many differences in workers compensation state laws for each and every state. So it is better to consult a workers’ compensation attorney of your state to understand the claim and benefits more accurately.

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