Legal Question in Workers Comp in Pennsylvania

Re: nonpayment, W/C benefits

It sounds like you've filed a claim petition, but do you have an attorney?

You really need legal counsel to advise you on this type of situation. Recent "reforms" in W/C insurance have made it easier for employers to cut off benefits, unfortunately.

You also need to ask your attorney whether the "layoff" might have been a type of retaliation for having a comp claim. Fortunately, the state supreme court, last year, overrulled lower courts and held that a company can be sued if it terminates a worker for that reason. Tough to prove, though.

The other thing you need to ask your attorney about it the effect of collecting unemployment comp, which you may have done after being "laid off." To get unemployment you must certify that you're able to work. This doensn't make it impossible to collect workers comp (which depends on being unable to work) but it becomes tricky.

Re: nonpayment

I am assuming you have retained an attorney and filed a Claim Petition. If so, the only way you may pressure the ins. co. to begin paying is to threaten an "unreasonable contest" motion. If the referee finds in your favor, your attorney fees will be paid by the ins. co. not out of your proceeds. Unfortunately, you may have to wait on a decision to recieve paymant.