A Notice of Compensation Payable (NCP), is an acknowledgment letter indicating that a workers’ compensation claim has been accepted, by the employer and the insurance company; and the payout of compensation benefits are to begin. The NCP will include a description of the injury, the pre-injury average weekly wage, and the amount of awarded weekly compensation benefits that one will receive.
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A Notice of Temporary Compensation Payable (NTCP) indicates the award of benefits is for a temporary period of up to 90 days. This notice is usually issued when the insurance carrier is unsure if the injury occurred, the employer is liable, or the worker is disabled. Throughout the 90 days, the employer and employer’s insurance carrier will continue the investigation to determine whether the employer is liable for the workplace injury. Based on the investigation’s discovery, if the employer takes no action and you don’t receive a notice the NTCP automatically turns into a real Notice of Compensation Payable; however, the employer may issue a Notice of Denial, or a Notice Stopping Temporary Compensation Payable ending the temporary benefits. This does not necessarily mean the injured worker is not entitled to compensation. Unfortunately, not all employers and insurance carriers have the worker’ best interests in mind.
Note: If, based on the findings during the investigation–the employer fails to send a denial letter, or a letter indicating stoppage of the temporary compensation–then it is deemed that the employer has accepted responsibility for the workplace injury.
One should receive a response within 21 days of notifying the employer of the workplace injury, as to whether or not the employer’s insurance carrier will cover the workplace injury. In any case, one can expect one of three notices within 21 days: a Notice of Compensation, a Notice of Temporary Compensation; or a Notice of Denial, which means that the insurance carrier has determined the employer is not liable for the work-related injury.
If the employer or the employer’s insurance carrier have decided against covering the workers’ compensation claim, the next step is to file an appeal. If one has not previously contacted an attorney specializing in workers’ compensation, now is the time to do so.
The appeals process can be both very complex and time-consuming. Several appeals may need to be made—from the appeals board to the Supreme Court of Pennsylvania. The benefit of having a qualified workers’ compensation attorney by your side can not be overstated. A good work injury attorney will not be intimidated and will relentlessly fight for the compensation their client is entitled to by law.
The receipt of temporary benefits during the 90-day time period is a strong indication that the injury was severe enough for the employer and insurance carrier to take seriously. An injured worker is entitled to full consideration of an award. Before giving up, or going through the appeals process alone; unsure of how to argue, the best thing one can do is consult a knowledgeable attorney.
The good attorneys at Krasno Krasno & Onwudinjo are here to answer the many questions about every stage of the workers’ compensation claims process — from filing an initial claim to the various levels of the appeals process. Contact us or call today at 877-299-0779 to schedule a free consultation. Our attorneys work on a contingency basis, meaning that if you don’t get paid, we don’t get paid.
