Q: What is the maximum percentage they can take to recoup over payment and can my employer deduct from my paycheck
I was told today I was over paid but not by the records I received from my adjuster. Now they want me to repay the over payment what's the maximum they can with hold from remaining benefit payments and can my employer deduct from my paycheck to recoup and remaining payments
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- Pennsylvania
- (215) 638-7500
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- Answered
A: Before I answer your question, I would urge you to speak to an attorney certified as a specialist in workers' compensation, whether my firm or another of the fine attorneys on this board. You should not agree to any recoupment (or even acknowledge an overpayment) before the matter is reviewed to see if the insurance carrier is correct. Many times, they have made an error and there really is no overpayment. Or, circumstances may exist preventing them from getting a recoupment. The answer to your question, though, is it depends. There is no "maximum" the insurance carrier can take. A workers' compensation judge can consider the circumstances of the injured worker and allot an appropriate percentage (assuming there is even a basis for recoupment). Hope that answers your question. Good luck!
Timothy Belt agrees with this answer
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