Text Us!

How to Appeal a Workers’ Compensation Denial in South Carolina

Posted on

When workers get injured on the job, they often think workers’ compensation insurance will automatically cover them for their injuries. This isn’t always the case, though. Your employer may deny you were injured at work, or the insurance company may say you didn’t follow proper protocol and so are barred from pursuing a claim. These are just two of the situations in which your claim may be denied. 

Many Insurance companies hope that after a denial, the injured worker will give up, thinking there’s nothing else they can do. This also isn’t always the case. There are many levels of appeal injured workers can try in order to claim the compensation they deserve. In some cases, they can even take the case all the way to the Supreme Court. 

 

The First Level of Appeal: The South Carolina Workers’ Compensation Commission

When you want to appeal a workers’ compensation denial, you must first send in a request for a hearing to the South Carolina Workers’ Compensation Commission. To do this, you will have to pay $50 for the filing fee. 

During this stage of appeal, only one commissioner will hear your case. The Commission may require you to be examined by a doctor first. The Commission will determine which doctor will perform the examination. At the hearing, you can also testify about your injuries, and how they’ve impacted your life and ability to work. 

After considering your case, the commissioner will then issue an order. If you are denied again you can move to the second level of appeal. 

 

The Second Level of Appeal: The Commission Review

The commission review differs from the first hearing because three commissioners instead of just one will listen to your case. In order to move to this level of appeal, you must send in a Request for Commission Review. You will also have to pay a $150 filing fee, although in some cases this can be waived. You must also make this request within 14 days of receiving the hearing commissioner’s order.

 

The Third Level of Appeal: The South Carolina Court of Appeals

If you disagree with the decision made at the commission review and still wish to pursue your claim, you will have to go to the South Carolina Court of Appeals. Here you will file a lawsuit that can help overturn the decision. You must do this within 30 days from the date of the commission review decision, or within 30 days after you send your receipt of a notice to the Commission, whichever is longer. 

When filing this lawsuit, you must fully explain why you disagree with the commission review’s decision. 

 

The Fourth Level of Appeal: The South Carolina Supreme Court

If your case continues to be denied up until this point, you can then appeal to the South Carolina Supreme Court. This highest court in the state does not hear every case filed, so there is no guarantee you’ll have the chance to argue your case here.

 

Get Help with Your Appeal from a South Carolina Workers’ Compensation Attorney

If you have been denied workers’ compensation, it’s important you understand all your options for appeal. It’s also just as important to understand that appealing any decision is often more complex than filing the initial claim. A qualified workers’ compensation lawyer in South Carolina can help you every step of the way. 

At the Elrod Pope Law Firm, P.A., we are passionate about helping injured workers claim the compensation they rightfully deserve. If you’ve been hurt on the job, call us today at (803) 599-3080 to learn how we can help you file your claim and, if necessary, appeal the decision.

Get in touch with us today to get started with your FREE case review. We’re only a call, click, or short drive away.

*Disclaimer* The information contained in this Website is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this site, clients or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient’s state. The content of this Website contains general information and may not reflect current legal developments, verdicts or settlements. The Firm expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this Website.

Any information sent to The Firm by Internet e-mail or through the Website is not secure and is done so on a non-confidential basis. Transmission of information from this Website does not create an attorney-client relationship between you and The Firm, nor is it intended to do so. The transmission of the Website, in part or in whole, and/or any communication with us via Internet e-mail through this site does not constitute or create an attorney-client relationship between us and any recipients.

Some links within the Website may lead to other web-sites, including those operated and maintained by third parties. The Firm includes these links solely as a convenience to you, and the presence of such a link does not imply a responsibility for the linked site or an endorsement of the linked site, its operator, or its contents.

This Website and its contents are provided “AS IS” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Furthermore, The Firm does not wish to represent anyone desiring representation based upon viewing this Website in a state where this Website fails to comply with all laws and ethical rules of that state.

E-production, distribution, republication, and/or retransmission of material contained within The Firm Website is prohibited unless the prior written permission of The Firm has been obtained.

Any results achieved on behalf of one client do not necessarily indicate similar results can be obtained for other clients.

Fee Disclosure: If your case is taken on by the firm, the fee arrangement will be a percentage of the final value of the case as follows: up to 40% for litigation, 35% for pre-litigation, and 33% for workers comp. This calculation will be done before the deduction of expenses. Additionally, the client will be responsible for the expenses resulting from the case.