One of the most common misconceptions when dealing with work injuries is that the injured worker must treat with a provider on the employer’s panel list for the first 90 days. Although employers and insurance adjusters often advise injured workers that they must abide by this “90-day rule,” this mandate could not be farther from the truth. In fact, one could reasonably argue that speaking this untruth to an injured worker constitutes fraud.

In reality, the Pennsylvania Workers’ Compensation Act only dictates that employers/carriers can escape liability for paying for medical treatment during the first 90 days off panel under certain circumstances. By no means does the act require the injured worker to treat somewhere in particular. Furthermore, even if the employer/carrier wants to avail themselves of the provision to not pay for treatment “off panel,” there are very strict guidelines they must follow.

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