Under Pennsylvania Workers’ Compensation Law, employers and insurers can be subject to monetary penalties. The Law provides that the Court has the power to impose penalties for a violation of any provision of the Workers’ Compensation Act, Rules and Regulations. Employers and insurers may be penalized up to ten percent (10%) of an amount awarded, plus interest. This penalty may be increased to fifty percent (50%) in cases of unreasonable or excessive delays.
What type of violations can result in the award of penalty? Here are a few examples.
- Stopping your weekly check without reason;
- Refusal to pay medical bills;
- Failure to issue forms required (Notice of Compensation Payable; Temporary Notice of Compensation Payable; Notice of Denial; Notice of Ability to Return to Work; notice of Benefits Offset);
- Failure to properly investigate a claim;
- Failure to insure for workers’ compensation; and
- Violation of establishing Rules of Procedure
If you are currently receiving Workers’ Compensation medical and wage payments it is important that you keep a copy of the following:
- Your compensation check/stub;
- The envelope with mailing date or postmark;
- Any late check/stub and envelope with postmarks;
- Any unpaid medical bill;
- A prescription or note from your medical provider for recommended treatment;
- Any letter or notice of refusal or denial of service
Most penalty issues involve the payment of weekly wage payments and medical bills. Workers’ Compensation Judges, in deciding whether a penalty is warranted, are concerned with the following:
- When wage payments should have been made;
- When payment was actually issued;
- If there is any reason for the delay;
- What impact a delayed payment may have on the Claimant;
- Are unpaid medical bills related to the work injury;
- When bills were submitted;
- Were bills properly coded;
- Were bills properly submitted
If you have any issue(s) with either wage payments or medical bills, please contact one of the attorneys in Stark & Stark’s Workers’ Compensation Group. You may be entitled to an award of penalties under the Workers’ Compensation Law.
