witholding pay

I was at work 15 min. april 19 2004,hurt my back and went home,was taken off work until may 17,2004 my employer refuses to pay me until my next pay june 2,2004 and then only show as other on my pay I explained to them this is why workmens comp refused to pay they are sticking to there dission but wanted to know if I was still going to fight it.

2 answers  |  asked May 23, 2004 8:42 PM [EST]  |  applies to Pennsylvania

Answers (2)

Christopher Ezold
You appear to have a good basis to fight the Worker's Comp decision

Before I discuss your question, I must state that we have not met, I do not represent you, I have not reviewed your documents and the facts surrounding your case, and that this response is for informational purposes only, and cannot substitute for a consultation with an attorney.

That being said, you appear to be asking whether you should 'fight' denial of worker's compensation ("WC"). That denial appears to be due to your employer's representation to the WC Board that you were not at work (i.e. not paying you).

If you are being paid more than 30 days after your scheduled pay period, you may have a claim under the Wage Payment and Collection Law. However, a claim for lateness on one payment is most likely not worth making, as it will cost you more than you will get back. Should you not be paid at all, your claim might have more practical benefits for you.

If you have evidence that you were properly at work at the time of the injury, you should fight the WC decision. Your employer's representations to the WC Board appear to be fraudulent, and I recommend that you retain an attorney to appeal the decision. Should you decide to retain an attorney, do not reply to your employer until you have spoken with an attorney.

If you wish to discuss this issue further, please feel free to contact me at my email address below.

/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
401 City Line Avenue,
Suite 904
Bala Cynwyd, PA 19004
(610) 660-5585

posted by Christopher Ezold  |  May 24, 2004 08:49 AM [EST]
Christopher Ezold
You appear to have a good basis to fight the Worker'

posted by Christopher Ezold  |  May 24, 2004 08:42 AM [EST]

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