Text Us!

What to Do if Your Workers’ Compensation Claim Is Denied

Posted on

It’s true that when workers are hurt on the job, South Carolina law often allows them to receive workers’ compensation. These benefits can cover the cost of medical expenses, and in some cases, missed income when the injury prevents someone from working. Unfortunately, simply applying for workers’ compensation benefits doesn’t mean you’ll automatically receive them. Thousands of workers’ compensation claims are denied every year. 

When they are, workers often give up and think there’s nothing they can do. That’s not true, though. There are many steps workers can take after being denied workers’ compensation claims. Their best bet is to hire a Rock Hill workers’ compensation attorney who can help them through the appeal stage. 

 

Reasons for Workers Comp Denial

Unfortunately, there are many reasons the South Carolina Workers’ Compensation Commission may deny your claim. These include:

  • Your injury did not happen at work
  • You did not notify your employer of the injury soon enough
  • You were under the influence of drugs or alcohol at the time of injury
  • You did not see an approved medical provider
  • You did not receive medical treatment at all
  • Your application was not filed on time
  • Your injury is a result of a pre-existing condition
  • Your employer disputes your claim

These are just a few reasons the Commission often denies claims. Many of these denials can be fought through an appeal.

 

The Workers Comp Appeals Process

After being denied workers’ compensation, the first step is to request a hearing. A hearing allows you, your employer, and your employer’s representative to discuss the disputes pertaining to the claim. You can fill out a request for a hearing online, or contact the commissioner’s judicial department and ask for a form directly. 

During the hearing, you can argue your case for receiving workers’ compensation benefits. Your employer can also raise arguments against those claims. At the end of the hearing, you’ll receive a decision. If your application is still denied, you can then file a request for a full Commission review.

After the Commission reviews your application, they will then make a decision. If your claim is still denied, you will then have to file a lawsuit and take the matter to court. The case can first go to the South Carolina Court of Appeals, and if it’s still unsuccessful, you can then take it to the South Carolina Supreme Court. 

 

Speak to a Lancaster Workers’ Compensation Lawyer for Help with Your Appeal

Being denied workers’ compensation doesn’t automatically mean you’ll never receive benefits. It only means that it may take a little longer before you get the compensation you need. In order to give your appeal the best chance of success, you need to speak to a Lancaster workers compensation lawyer.

If you’ve been injured at work and need help with your workers’ compensation claim, call the Elrod Pope Law Firm at (803) 599-3080. This is a lengthy and complex process, and our attorneys know how to guide you through it. Call today or fill out our online form for your free consultation and we can begin discussing your case.

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.