Has Your South Carolina Workers’ Compensation Claim Been Denied?
Generally, when you suffer an injury on the job in South Carolina, your medical treatment should be paid under workers’ compensation, and, in some instances, you may also be entitled to a portion of the weekly wages you lose due to your work-related injury.
If your claim for this coverage is denied, you should take immediate steps to protect your legal rights. You should have your case reviewed by an attorney with a strong background in South Carolina workers’ compensation law and an understanding of the importance of your claim to you and your family.
At Harrison, White, Smith & Coggins, P.C., we have decades of combined experience with helping injured workers and their families in Spartanburg, Greenville and across South Carolina. We can meet with you right away and provide a free consultation about your case. Contact us today to get started.
Reasons Why Your Workers’ Compensation Claim May Have Been Denied
Unfortunately, employers and/or their workers’ compensation insurers in South Carolina often deny claims. There may be any number of reasons an employer gives for denying your claim for benefits. Some common reasons given for denials include:
- It is unclear whether your injury actually occurred on the job
- You failed to provide proper notice of your injury
- A pre-existing condition, not a work accident, caused your injury
- You failed to seek medical treatment from an approved provider
Regardless of why the employer has denied your claim for medical benefits or lost wage benefits, you should have your case investigated and carefully handled by an attorney.
The investigation may include a review of medical and work records, interviews with co-workers and consultation with physicians. In many cases, such an investigation may reveal that it may be possible to overcome the denial of your claim and obtain the benefits you deserve.
Steps You Can Take If Your Workers’ Compensation Claim Was Denied
If your employer denies your workers’ compensation claim, you can work with your attorney to file a claim with the South Carolina Workers’ Compensation. An attorney will make sure that proper forms and other paperwork are timely filed.
Once a claim is filed, your case may be resolved through mediated settlement negotiations or through a hearing.
Mediation involves a neutral third party, or mediator, who will make an effort to bring both sides to an agreement. A settlement ultimately is the most time-efficient and less costly way to resolve a workers’ compensation dispute.
If a settlement cannot be reached, a hearing will be held before one of seven South Carolina Workers’ Compensation Commissioners, at which time evidence and testimony may be presented by both sides.
The Commissioner will issue a decision concerning your claim for benefits. If the Commissioner denies your claim, you can appeal to a three-member Commission panel. If your claim is denied again, you can appeal to the S.C. Court of Appeals and, if needed, continue to pursue your claim to the S.C. Supreme Court.
Contact a Spartanburg Workers’ Compensation Lawyer Today
If your claim has been denied, an attorney from Harrison, White, Smith & Coggins, P.C., can guide you through the process of seeking the workers’ compensation benefits you are due. Our goal is to focus on your case while you focus on your recovery. Contact us today to learn more about our experience and how we can assist you.
Sources / Other Information
- Judicial Department, S.C. Workers’ Compensation Commission