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.