When a worker is injured at work in Pennsylvania, the employer/insurance carrier, herein referred to as ‘employer’, is required to accept or deny the claim within 21 days of the report of a work injury. Failure to do so can lead to penalties against the employer.
When you report an injury, the employer can issue one of three documents. Those documents are:
Notice of Compensation Payable (NCP)
The Notice of Compensation Payable formally accepts the injury as a work-related injury. Upon issuance of this form, the employer has 30 days to commence wage loss payments and pay medical expenses. Failure to do so can result in penalties being assessed against the employer.
However, another caveat exists with this form. In 2004, a change was made that allows an employer to accept a claim as a Medical Only. That means the employer has agreed to pay medical expenses, but not wage loss benefits. If the injured worker is out of work and suffering wage loss, the injured worker would need to file a Claim petition for wage loss benefits. There is a box on the NCP that can be checked as a Medical Only. If that box is checked, then your employer has accepted the medical portion of the claim. If that box is not checked, then the employer accepted the work injury in its entirety. The form will also proscribe the injured worker’s average weekly wage and corresponding compensation rate. These are important and you can read more here. The compensation rate indicates what weekly wage loss benefits will be paid when the injured worker is out of work.
Temporary Notice of Compensation Payable (TNCP)
This form is issued when the employer has decided to accept the claim and begin making payments on a temporary 90 day basis without admission of liability. The employer has 90 days to revoke the TNCP or it automatically converts to a full acceptance, same effect as the NCP above. Within the 90 days, the employer can issue a Stopping Temporary Compensation Payable then subsequently issue a Notice of Compensation Denial, effectively denying your claim in its entirety. This form will have the 90 day period date listed on it.
Notice of Compensation Denial (NCD)
The dreaded NCD indicates that the employer has denied the work injury in its entirety. That means the employer has not agreed to pay wage loss or medical benefits. The employer is essentially admitting no liability whatsoever. An injured worker who receives an NCD has to file a Claim Petition and litigate the claim to receive benefits. It also means while the injured worker is out of work, no wage loss or medical bills will be paid while litigating the claim petition.
If you have been injured at work, don’t risk your benefits by trusting those that want to avoid paying you. Call Mooney Law today for an absolutely FREE consultation to 717-200-HELP or 717-632-4656. Mooney law has recovered tens of millions of dollars on behalf of injured Pennsylvania workers. We have office throughout South Central Pennsylvania, from Chambersburg to Lancaster to Harrisburg. Call today for a free case evaluation.