What to Do If Your Workers’ Compensation Check Is Delayed

Understanding your rights under Pennsylvania workers’ compensation law is crucial if your workers’ compensation check is delayed. Under the Pennsylvania Workers’ Compensation Act, you are entitled to timely payments for your work-related injury. Any delay may constitute a violation of your rights. Knowing the law can help you take the right steps to protect yourself.

Hire a Workers’ Compensation Attorney

If you haven’t already, your first step should be hiring an attorney who specializes in workers’ compensation. An experienced workers’ compensation attorney will assess the situation and take the necessary legal steps to resolve the delay.

There are several reasons why your check may have been delayed or suspended, including:

Missing documentation – Your employer or insurer may claim that necessary paperwork is incomplete.
Disputes over your claim – The insurance company may challenge your eligibility for benefits.
Employer disputes your injury status – Your employer may claim you have recovered and attempt to terminate benefits.

However, even if your employer believes they have grounds to stop your benefits, they cannot do so unilaterally. A termination petition must be filed, and a Workers’ Compensation Judge (WCJ) must approve it before benefits can be lawfully discontinued.

Filing a Penalty Petition for Delayed Workers’ Compensation Payments

If your workers’ compensation check is delayed, your attorney can file a penalty petition with the Workers’ Compensation Judge. Pennsylvania law allows for penalties of up to 50% of the delayed amount if an employer or insurer unreasonably or excessively delays payments. Your attorney will file this petition, citing a violation of the Pennsylvania Workers’ Compensation Act, Rules, and Regulations.

Additionally, under Section 406.1(a) of the Workers’ Compensation Act, you are entitled to 10% interest per year on all due and unpaid compensation. This interest compensates you for the financial hardship caused by the delay.

Document Financial Hardships Caused by Delays

A delay in workers’ compensation payments can cause significant financial stress. Many injured workers rely on these payments to cover:

Rent or mortgage payments
Utility bills
Medical expenses
Groceries and daily necessities

To strengthen your penalty petition, document all financial hardships caused by the delay. This may include:

Late fees
Eviction or foreclosure notices
Overdraft fees
Loans or credit card debt incurred due to the delay

Your attorney can use this evidence to argue for penalties against the employer or insurer, reinforcing your claim.

Requesting Mediation to Resolve the Delay

Your attorney may also request mediation to resolve the issue faster. Mediation involves both parties negotiating a resolution, often leading to a quicker settlement than waiting for a formal hearing. While mediation does not guarantee a favorable outcome, it is typically faster than waiting for a judge’s schedule to open for a hearing.

How to Prevent Future Delays in Workers’ Compensation Payments

To minimize the risk of future payment delays, follow these best practices:

Keep detailed records – Maintain copies of all medical records, correspondence with your employer and insurer, and any relevant claim-related documents.
Stay in communication with your attorney – Regularly check in with your attorney to provide updates and avoid any missteps that could delay payments. Never sign documents or speak with the insurance company without consulting your lawyer.
Submit paperwork promptly – Workers’ compensation claims require extensive documentation. Responding quickly to requests for information can help prevent unnecessary delays.

Final Thoughts

If your workers’ compensation check is delayed, act quickly by filing a penalty petition, documenting financial hardship, and working with an experienced attorney. Employers and insurers cannot stop payments without a judge’s approval, and you have the right to timely benefits.

At Stern & Cohen, we fight for injured workers across Pennsylvania. If your payments have been delayed, contact us for a free consultation at (215) 999-1443.

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