The first thing on anyone’s mind when they get injured on the job is how they will continue to support themselves. The workers’ compensation system, which pays a portion of your salary when you get injured on the job, allows you to concentrate on your recovery while still getting paid. The requirements for workers’ compensation payments are outlined in the Pennsylvania Workers’ Compensation Act.
The act states that your employer has 21 days from the date they receive notice of your injury to accept or deny a request for workers’ compensation benefits. As soon as your claim gets accepted, your checks should start to arrive.
That said, the system doesn’t work perfectly. Sometimes issues occur, and you may not receive a check, or it could arrive extremely late. You may feel frustrated and confused when this happens. It’s important to know what to do when you don’t get your check.
How Often Do You Receive Workers’ Comp Checks?
First of all, how do you know if your check is late? Your workers’ comp checks should be paid according to the same schedule you followed while you were working. For example, if your workplace pays every two weeks, you should receive a workers’ comp check every two weeks. If your employer paid weekly, you should get a check every week.
If things go the way they should, you’ll also get paid on the same day you were paid your usual salary — so if Friday was your old payday, it will continue to be your payday.
What Should I Do If I Haven’t Received My Workers’ Comp Check?
Now you know when your checks should come. Say it’s past your payday, and the check still hasn’t arrived. Sometimes this situation occurs due to a simple mistake, but sometimes the action is deliberate. What recourse do you have? You can file a penalty petition requesting the on-time payment of your checks and asking the court to assess a penalty fee for the late check. You’ll need to present evidence proving your claim, such as:
- The envelope the check arrived in with the postmark on display or, if you get direct deposit, a bank statement showing when the check was deposited
- Testimony establishing when the check was due
Maintain your records carefully so you can show that the money did not arrive in a timely manner.
My Workers’ Comp Check Is Late in PA — Can an Attorney Help?
Dealing with late workers’ comp checks in Pennsylvania can be frustrating. You may want to enlist a lawyer to help you get your benefits. A workers’ comp attorney can advise you on the best strategy for pursuing a penalty petition and give you an idea of how much money you could recover.
Our firm specializes in workers’ compensation cases, and we never represent employers, only employees. We offer lower fees, and we’ll come to you for our initial meeting. When your workers’ compensation checks arrive late, contact Frommer D’Amico to discuss your case – reach out to us online today.
Joe D’Amico has more than 20 years of experience fighting for injured workers. He is Certified as an Expert in Pennsylvania Workers’ Compensation Law by the Supreme Court of Pennsylvania. Joe is one of the very few Pennsylvania workers’ compensation attorneys who have obtained a recovery in excess of $1.5 million for an injured worker.
Reviewed by Joe D’Amico.