Reporting, Verifications, and Sanctions in PA Workers’ Comp
Workers’ compensation insurance, a form of disability benefits, provides injured workers with medical and wage loss benefits. Reporting obligations, employee verifications, and sanctions under PA workers’ comp may overwhelm both employees and employers. This guide aims to make it easier.
Workers’ Comp Reporting Requirements For PA Employees
What Must An Employee Report?
Employees must report any changes in employment status and the receipt of certain benefits. This includes: returning to work, incarceration, or receiving other state or federal benefits that could affect workers’ comp.
How to File the Required Forms
To file these forms, complete and promptly submit them to the designated office. Employees must ensure all information remains current and truthful to avoid fraud accusations or benefit disruptions.
Do Employers Notify Employees of These Requirements?
The employer has the responsibility to inform the workers of their reporting obligations under the Workers’ Compensation Act. Employers must provide clear and understandable instructions to the workers.
What Happens If An Employee Fails To Report Correctly?
Employees must correctly report earnings and benefit information. They must also return the verification form within 30 days.
If an employee fails to do this, they may face suspension of workers’ compensation benefits. They can even face legal proceedings under the fraud provisions of the Act.
Can Employers Face Penalties?
Yes, employers also face repercussions if they fail to meet their notice obligations. These can include fines and legal challenges.
Employers must ensure that they fully comply with regulations to avoid penalties. This includes providing all required notices to employees in a timely and clear manner. Employers must also keep accurate records of all communications and notices issued as part of their efforts.
Employee Verifications In Workers’ Comp Work
What Must Employees Include In Their Verification Reports?
When completing verification forms, employees must report various types of income. This includes: unemployment compensation, wages from employment or self-employment, and social security, severance, and pension benefits.
What Forms Do Employers Use In The Employee Verification Process?
- LIBC-756: Employee’s Report of Benefits for Offsets.
- LIBC-760: Employee Verification of Employment, Self-Employment, or Change in Physical Condition.
- LIBC-762: Notice of Suspension for Failure to Return Form LIBC-760.
These forms document and verify the employee’s current employment status, income levels, and any changes in their physical condition. To maintain eligibility for benefits, one must properly complete and timely submit these forms .
What Penalties Exist For Failing To Complete Verification Forms?
If employees fail to return the necessary verification forms within 30 days, their compensation risks suspension. If this happens, the suspension will remain in effect until the return of the completed forms.
How Can Employees Avoid Sanctions?
Employees receiving workers’ comp can avoid sanctions by following the reporting guidelines and deadlines.
For Employees
- Regular Updates: Keep your employer and insurer updated with your current employment status and any secondary income received. Let them know of changes in your health condition that might affect your workers’ compensation claim.
- Documentation: Keep copies of all forms submitted, along with notes on when and how you sent them to the insurer. If a dispute arises, these will come in handy.
- Promptness: Return all required forms and documents within the timeframes. Delays can lead to suspension of benefits or other penalties.
- Accuracy: Check the information you provide for accuracy. Errors can lead to accusations of fraud or overpayment, which might require you to repay benefits.
For Employers
- Clear Instructions: On their date of injury, provide employees with clear, written instructions of their reporting obligations.
- Timely Notices: Issue all notices regarding changes in employment status, ability to work, or benefits modifications promptly. Delays can lead to legal penalties.
- Training: Offer training sessions for HR on the latest regulations and reporting requirements.
- Record Keeping: Maintain accurate records of all notices sent to employees and any correspondence regarding workers’ comp claims.
Legal Implications of Non-Compliance
After a work related injury or illness, follow the rules. Failure to comply can lead to administrative hearings, penalties, and even criminal charges in cases of fraud.
Best Practices
Communication
Communication between employees, employers, and insurers can prevent misunderstandings and non-compliance.
Technology
Using online platforms for submitting and tracking the status of workers’ comp forms can reduce delays and improve accuracy.
Speak To A Lawyer
After a work injury, you need the right advice. Consult with a lawyer that specialize in workers’ comp to ensure compliance with state laws. This helps injured workers reduce risks, avoid penalties, and get the support they need.
If you have questions about your case, let us answer them. Reach out to our offices 24/7 for a free consultation (215) 609-4183.