Injured workers in Pennsylvania are required to report their work-related injuries to their employer within 120 days from the date of the injury or diagnosis of a work-related disease. They should receive notice of either compensation, temporary compensation or denial from their employer or its insurance company within 21 days of notifying their employer of their workplace injury.
Notice of Temporary Compensation Payable
An employer or their insurance company may file a Notice of Temporary Compensation Payable (NTCP) if they choose not to initially accept responsibility for the worker’s injury. Employers are still required to pay the worker’s wage loss benefits, however filing a NTCP gives them up to 90 days to investigate without accepting legal responsibility for the claim.
Notice of Compensation Payable
Employers or their insurance companies may accept responsibility for a worker’s injuries by filing a Notice of Compensation Payable (NCP). The employer will then be responsible for paying the worker wage loss benefits until certain circumstances cause them to cease, such as if the employee returns to work; the employer obtains a court order; or if the worker fails to return required forms on time. If an employer issues a NTCP, they may file a Notice of Workers’ Compensation Denial or a Notice Stopping Temporary Compensation Payable during the 90-day investigation period. If they do not issue such notice, the NTCP automatically becomes an NCP after 90 days.
Abuse of the NTCP
The NTCP was intended to provide employers with a way to contest questionable claims. The statute says that when employers are uncertain whether a claim is compensable under the Pennsylvania Workers’ Compensation Act or when employers are “uncertain of the extent of their liability” under the Act, they may make initial compensation payments without admitting liability by filing a NTCP. Therefore, employers are meant to issue the document when they are unsure whether an injury or illness falls under workers’ compensation law. However, the NTCP is often filed in the beginning of workers’ compensation cases regardless of the claims’ questionability.
Notice of Workers’ Compensation Denial or Stopping Temporary Compensation Payable
Employers may file a Notice of Workers’ Compensation Denial within 21 days of receiving notification of an injury. Injured workers may then appeal the denial by filing a Claim Petition with the state Bureau of Workers’ Compensation within three years of the date of their injury. Employers may also file a Notice Stopping Temporary Compensation Payable within the 90-day window allotted by the NTCP. Once this document has been issued, the employer must also issue either a denial, an agreement for compensation to the injured worker within 90 days.
Philadelphia Workers’ Compensation Attorneys at Larry Pitt & Associates, P.C. Help Workers Navigate the Pennsylvania Workers’ Compensation System
If you were injured at work and your employer has issued either a Notice of Workers’ Compensation Denial or a Notice Stopping Temporary Compensation Payable, contact a skilled Philadelphia workers’ compensation attorney at Larry Pitt & Associates, P.C. as soon as possible. Our knowledgeable and experienced attorneys can help you get the benefits you deserve. We represent clients in Berks County, Bucks County, Chester County, Delaware County, Montgomery County, Philadelphia County and throughout Pennsylvania. For a free consultation, call us at 888-PITT-LAW or complete our online contact form.