What is a Temporary Notice of Compensation Payable and Does it Mean My Employer is Accepting My Workers’ Compensation Claim?
After an injured worker sustains a work related injury and timely reports it to the employer, the employer, usually through its insurance company, has 21 days either formally accept responsibility for paying wage loss and/or medical benefits (via a Notice of Compensation Payable “NCP”), deny liability (by issuing a Notice of Denial), or temporarily accept liability (by issuing a Temporary Notice of Compensation Payable or “TNCP”). If the employer issues a TNCP is does not mean that the Employer is fully accepting your work related injury. A TNCP is a device used by employers to give them a 90 day window to decide whether they are going to fully accept your claim. The TNCP can be withdrawn by the insurance company anytime within 90 days of the date of injury, accompanied by a Notice of Denial. If the TNCP is withdrawn both medical and wage loss benefits will stop as of the date of the notice. However, if the TNCP is not withdrawn within the 90 days, it converts to an NCP and the claim is fully accepted. If TNCP is withdrawn within the 90 days and the injured worker is still suffering from wage loss or requires additional medical treatment as a result of the work related injury, the injured worker will need to file a Claim Petition asking that a workers’ compensation judge order the employer to accept the injury.
An injured worker oftentimes will feel pressured to return to work if an NTCP is withdrawn. However, if the injured worker is unable to perform his or her job upon their return or they suffer from a recurrence of the original injury the employer is not obligated to compensate them for their wage loss or their medical bills. If an injured worker feels the need to return to work because of economic necessity when a TNCP is withdrawn, it might be a good idea to file precautionary claim petition to protect them in the event that their injury gets worse or in the event they suffer a recurrence upon their return.
Remember, your employer and it’s insurance company are not looking out for your best interests no matter how long you have worked for them or how well you have performed. If you have questions regarding how a TNCP should be handled you should speak to an experienced Pennsylvania Workers’ Compensation attorney.