Employers have specific requirements when it comes to reporting a work injury. The Pennsylvania Workers Compensation Act provides an employer and insurance carrier to report, an injury and either accept the injury or deny the injury within 21 days from when the injured worker reported the injury.
The employer and insurance carrier have three options. First, they can issue what is called a Notice of Compensation Payable, that accept your injury in its entirety. The issuance of that document means the insurance carrier has agreed to pay for your medical treatment and pay you wage loss benefits while you are out of work. Second, the insurance company can issue a Medical Only Notice of Compensation Payable. When this document is issued, the insurance carrier has agreed to pay for your medical treatment. However, they have not agreed to pay you wage loss benefits. If you are out of work due to the work injury, then you would need to file and litigate a Claim Petition. Finally, the insurance carrier can issue a Notice of Compensation Denial. When this document is issued, the insurance carrier is refusing to pay for medical treatment or wage loss benefits. In other words, they are challenging your right to workers compensation benefits. You would need to file and litigate a Claim Petition.
Often times, an employer does not report the injury to its insurance carrier. They simply are ignoring you. Additionally, even if the employer does report the work injury to its insurance carrier, sometimes the insurance carrier does not issue any of the documents I discussed above. Now what?
Simple. Call Mooney Law. You will need to hire an experienced workers’ compensation attorney to fight for the benefits you deserve. We will file and litigate a Claim Petition on your behalf. Additionally, we will also file a Penalty Petition because the employer and insurance carrier failed to accept or deny the injury within 21 days. If the Penalty Petition is granted, it could mean 10% to 50% penalty that the insurance carrier would have to pay if you successfully litigate a Claim Petition. The Workers’ Compensation has discretion on whether to award penalties.
Workers’ compensation litigation is what I do. If you have been injured at work, please understand that your case has an adjuster, sometimes a case nurse, and likely a defense attorney reviewing your case. You should have your own legal counsel protecting you and your benefits. Call Mooney Law today for an absolutely FREE consultation regarding your work injury. Call us at 717-200-HELP or 717-632-4656. You can also email us at info@mooney4law.com. Finally, you can visit the firm website and complete the Schedule a Consultation form.
