Workers’ Compensation Medical Expenses
What to do for Non-Payment of Pennsylvania Workers’ Compensation Medical Expenses:
What do I do if, while I am on Pennsylvania Workers’ Compensation, my Employer fails to pay for my Pennsylvania Workers’ Compensation work-related medical expenses?
ANSWER: The usual and customary practice under Pennsylvania Workers’ Compensation Law is to file a penalty petition for the Workers’ Compensation Insurance Carrier’s non-payment of medical expenses. These “medical expenses” would include pharmacy bills, physical therapy, office visits, hospital visits and testing. The best practice is to contact an attorney and have them issue a “shot across the bow” letter to the opposing insurance company/attorney as potential evidence that you have tried to resolve the unpaid medical bill issue. This letter and any additional support that you may have indicating that the injury and treatment in question are for a work-related injury and that you requested payment of the medical bills from the Workers’ Compensation Insurance Carrier can be used as an exhibit at the time of trial on the Penalty Petition. If you have paid for these medical bills yourself, you should produce copies of your out-of-pocket expenses as well as any evidence indicating that the treatment or prescription was denied by the insurance company. The Pennsylvania Workers’ Compensation Act also provides for the payment of statutory interest after 30 days at the rate of 10 percent per annum in addition to your out of pocket expense.
In the event the Workers’ Compensation Judge finds that the penalty is appropriate, a Workers’ Compensation Judge can award anywhere from 0-50% penalty on the amount of monies owed, You may also have the ability to have the Workers’ Compensation Carrier pay your attorney the attorneys’ hourly rate for the effort expended in order to get your medical bills paid. This is known as an award of attorney fees for the insurance company’s unreasonable contest of the underlying penalty petition.
You can contact a Harrisburg Workers’ Compensation Attorney at our office for a free consultation to ensure that your medical bills are paid under the Pennsylvania Workers’ Compensation Act to ensure that you obtain the proper medical treatment.