In South Carolina, workers’ compensation claims are often denied based on the Workers’ Compensation Act (WCA). The WCA is a state law that sets out how workers’ compensation benefits are paid. There are several reasons why a worker’s compensation claim may be denied.
Some of these reasons include:
- If the worker was not injured due to their job – If you can’t prove that the injury was caused by your job, your claim can likely be denied. The burden is on you to verify that the injury occurred while working and was caused by your job duties.
- If you can’t prove injury – If you can’t prove that your injury was caused by something work-related, this puts them in a better position to deny your claim.
- The treating physician was not an approved provider – Only approved physicians can treat workers’ compensation patients. If your treating physician is not on this list, they cannot treat your injury — which means you can receive no benefits. You should always ask ahead of time if your physician is approved by the C. Workers’ Compensation Commission before seeking their treatment.
- You made mistakes while filing – Formal mistakes made when filing the claim can lead to denial of benefits. For example, the claim may be denied if there is an inconsistency in the date of injury or worker classification.
- Misclassification – To receive benefits under South Carolina’s workers’ compensation system, an employee must be considered an employee by law. If they aren’t classified as such, they won’t receive benefits even if their injury was work-related. The worker should contact an attorney to help them determine whether or not they’ve been misclassified as an independent contractor instead of an employee to avoid having their claim denied due to misclassification.
- Job injury not correctly reported – Failure to report the injury promptly may result in denial of workers’ compensation benefits.
If your workers’ compensation claim has been denied in South Carolina, you may want to speak with an attorney. An attorney can help you understand your rights and what steps you should take next.
In This Article
What To Do If Workers’ Compensation Is Denied in South Carolina
If you are denied workers’ compensation benefits in South Carolina, you may be able to appeal the decision with the workers’ compensation commission. When your claim for workers’ compensation benefits is refused, you have the right to request a hearing to resolve any problems between you, your employer, or the representative of your employer.
For a legal consultation, call 828.286.3866
What If the Commission Denies My Workers’ Compensation Benefits Claim?
You have the right to appeal the judgment made about your workers’ compensation benefits through the judicial system if your claim is again rejected. You have a limited number of days from the time you were notified of the decision made by the whole commission to initiate a lawsuit against the commission. You are supposed to submit the lawsuit to the Court of Appeals in South Carolina. If the appeal is denied again, you can appeal the decision to the South Carolina Supreme Court.
Do I Need an Attorney to Appeal Workers’ Comp Denial?
Appealing a workers’ compensation denial can be a complicated process that requires the help of an attorney. Many people attempt to appeal their denial on their own, but this can lead to procedural and legal mistakes. An attorney can provide valuable guidance and help you make the strongest case possible. In addition, a lawyer better understands the system and how to best advocate for your interests.
- They can provide you with sound legal advice to protect your rights.
- They can provide support throughout the entire process, from filing a claim to negotiation and settlement.
- They have dealt with insurance companies and courts in the past, making them more likely to get the results you want.
Hire a Workers’ Compensation Attorney in Greenwood, SC
If you have been denied workers’ compensation in South Carolina, it is important that you hire a lawyer as soon as possible. Your lawyer can help you navigate the complex Workers’ Compensation system and ensure that your rights are protected.
Workers’ compensation attorneys can help you get your claim approved and can also help you with any appeals that may be necessary. Our workers’ compensation lawyers are ready to fight for your rights and help ensure you receive justice. Contact us today to get started.