Pennsylvania Worker's Compensation - Help For Injured Pennsylvania Workers

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  1. #1
    Join Date
    Oct 2011
    Posts
    129

    Default Received Notice of Temp Compensation Payable

    I received a notice of temporary compensation payable - I have been off work receiving STD? So was i suposed to receive WC or since my employer has STD they chose to pay me instead? Confused on this since STD is running out soon.

  2. #2
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: Received Notice of Temp Compensation Payable

    If your disability is due to a work injury you are eligible for wage loss benefits from your employer's workers compensation insurance carrier.
    more here
    http://www.portal.state.pa.us/portal...ly_wage/552650

  3. #3
    Join Date
    Mar 2007
    Location
    Georgia
    Posts
    1,928

    Default Re: Received Notice of Temp Compensation Payable

    Jinga, Congratulations on your award/acceptance of WC benefits. Here is a link to the Pennsylvania Workers Compensation Act:

    http://www.pfiw.org/PDF/informational%20packet/English/WorkersCompAct.pdf


    I strongly suggest that you visit that link and learn ALL that you possibly can concerning the laws that pertain to WC in PA.

    NO, your ER/employER does NOT get to pick and choose who pays your disability benefits. That issue should be clearly found within the PA WC ACT at the link I provided for you above. Now that your claim has been approved/accepted or court ordered as compensable, the WC IC should be cutting and sending you a check to cover ALL past due benefits. They "should" also with hold any/all payments that your STD policy has paid you and reimburse the STD IC for those payments.

    That is IF your STD policy is like the large majority of them and does NOT allow payment for compensable on the job/industrial type injuries or illnesses. You will probably have to contact the STD IC and ask for a copy of the "complete policy". It has been my experience that few, if any, STD/LTD IC's automatically send the entire "official" policy with the information packet you should have received when you first enrolled with them.

    Read the entire STD policy carefully to determine IF you are eligible to collect from that policy AND WC benefits for the same period and cause of disability. MOST, not necessarily all but the large majority of, STD/LTD insurance policies specifically EXCLUDE payment/coverage for work related injuries. Meaning they will NOT pay benefits for industrial injuries covered by WC IC.

    They may agree to make "conditional" payments when a WC IC controverts/denies a claim, (until such time as the denial is over turned and benefits are ordered paid), such as your case apparently has been. However, when this occurs the STD IC will most certainly expect/demand repayment of those benefits. Be it from you or the WC IC. IF the STD benefits you have received have been paid on a conditional basis then if you or the WC IC carrier does NOT make that reimbursement now the STD IC carrier can/and by all rights should place a lien on your future WC benefits.

    As a general rule "ALMOST" all standard STD/LTD policies EXCLUDE paying benefits for industrial/on the job injuries/illnesses. AFLAC and policies similar to them are one of the few exceptions I am familiar with that actually DOES allow payment for periods of disability, regardless of how/where the accident/illness occurs, including work related. AND for the most part AFLAC type policies covers any & all accidents/illnesses, (including work related), has such a high premium that for many they are simply cost prohibitive.

    IF there is a reimbursement due to the STD carrier and the WC IC screws up, accidentally OR purposely, and sends the full amount of past due benefits to you, then you WILL be responsible to re-pay the money to the STD IC. IF one of those two things do not happen now then the STD IC should and most likely will place a lien on your future WC income benefits. Be that on a weekly benefit basis or for any PPD/Permanent Partial Disability benefits, (settlement monies), you "may" have coming once you are at MMI/Maximum Medical Improvement and have your claim come to a resolution.

    Good Luck to you.
    "He who is his own lawyer has a fool for a client"
    Abraham Lincoln


    Take Care and Be Well.

  4. #4
    Join Date
    Jan 2012
    Location
    Philadelphia, PA
    Posts
    23

    Default Re: Received Notice of Temp Compensation Payable

    In Pennsylvania, your employer must pay you workers' compensation benefits for any period you are out of work due to a work injury. STD benefits can not be substituted for workers' compensation. Be advised, however, that the workers' compensation insurance company MAY be entitled to a credit against the benefits they pay you based on how much you receive(d) in STD. It depends on who paid the premiums on the STD policy.
    Also, as noted above, some STD policies require reimbursement once the employee starts getting WC. Wouldn't be a bad idea to have a workers' compensation attorney take a look at your disability policy as well as review your workers' comp claim to ensure that you are receiving the proper benefit rate. Most workers' comp attorneys will provide this type of consultation at no charge. Take advantage of the free advice.
    Halmon L. Banks, Esq.
    Pennsylvania Workers' Compensation Attorney
    Email: HLBTeam@paworkinjury.com
    www.paworkinjury.com

    DISCLAIMER: This post is intended as general information and advise only. This post is not intended to create an attorney-client relationship.

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