Receiving Workers’ Compensation Checks Late: File a Penalty Petition

When a Pennsylvania employee sustains a work-related injury, that employee may be entitled to wage-loss benefits. Wage-loss benefits compensate the employee for the loss of income due to injury, illness, or disease. The employee may be entitled to partial or full benefits, depending on the extent of the disability. Although Pennsylvania law requires the payment of wage-loss benefits within a specified time-frame, late payments are common.

How Wage-Loss Payments Work

An injured employee is eligible for wage-loss benefits when the injury lasts for more than seven days. After the employee has missed fourteen days of work, the employee will receive the first seven day payment. The amount is generally two thirds of the employee’s weekly wage. An employee can receive wage-loss benefits for an indefinite period if they have a total disability. If the employee has a partial disability, Pennsylvania law limits wage-loss benefits to a maximum of 500 weeks.

When Wage-Loss Payments are Late

An employee is entitled to wage-loss benefits on a regular basis, but many employees often find that their workers’ compensation payments arrive late. A late payment is not only frustrating, but often means that bills are also paid late. Pennsylvania law requires workers’ compensation insurers to make wage-loss payments according to the same pay schedule used by the employer—if the employee’s pay period was bi-weekly, the insurance company must also make bi-weekly payments.

If you routinely receive late payments, it is important to keep a record of them. You should note when you received the check, make a copy of the check, and save the envelope the check was received in. To enforce your right to receive your payment on time, it may be necessary to seek legal assistance from a workers’ compensation attorney in Pennsylvania. If warranted, a penalty petition should be filed. The Harrisburg workers’ compensation attorneys at Calhoon and Kaminsky P.C., may be able to help. Contact us at 717-695-4722 or 877-291-WORK (9675).