Unfortunately, sometimes legitimate workers’ compensation claims are denied. Your claim can be rejected for a variety of reasons by your employer and their insurance company, or by the South Carolina Workers’ Compensation Commission.
Although a denial or rejection is disheartening, it’s no reason to give up hope. It’s absolutely possible to succeed with a claim after it’s been denied initially. Here are some steps you can take.
First, Speak With a Worker’s Compensation Attorney
There are many reasons to work with a workers’ comp attorney from the beginning of your claim, but it’s even more important to work with one if your claim was rejected. That’s because mistakes at this stage could permanently jeopardize your chance of receiving the benefits you may be entitled to. Plus, if your claim is denied, a hearing before the South Carolina Workers’ Compensation Commission is often necessary, and representing yourself pro se at such a hearing is often a bad idea because you may not have the legal training or knowledge to handle such a matter successfully.
The workers’ comp attorneys of The Carolina Law Group are experienced litigators who know the South Carolina Workers’ Compensation system well and can help guide you after your claim was rejected.
Fix the Procedural Errors You Made
Sometimes a claim is rejected for something as simple as a missing or incorrectly filled out form. Your attorney can help you identify and fix these mistakes.
Build a Stronger Case For Your Claim
If your employer’s insurance company is rejecting your claim, you may need to build a stronger case to convince them of its legitimacy. This could include things like documenting your diagnosis, medical condition, and treatment plan with your doctor or gathering eyewitness testimony of how the accident occurred. The goal is to prove that your injury arose out of and in the course of your employment. You need to build the strongest case possible.
Remember that it’s frequently in your employer’s best interest to reject workers’ comp claims, so it’s up to you (and your attorney) to convince them otherwise.
Go Through a Formal Appeals Process
The South Carolina Workers Compensation Commission has an appeals process in place that you can follow if your initial claim was denied by a Commissioner. You can also go through the process if you don’t agree with the compensation you’ve been given.
The first step is to appeal the Commission’s initial decision by requesting a Commission Review before a panel of three Commissioners. Beyond that, you may have the option of appealing to the South Carolina Court of Appeals and even the South Carolina Supreme Court.
This is usually an expensive and complicated process, and one you don’t want to go through on your own. Working side-by-side with an experienced workers’ comp attorney can give you the best chance of a positive outcome. Experienced attorneys know what to expect, what information to gather, and how to present a strong case.
Speak With the Workers’ Compensation Attorneys at The Carolina Law Group
It’s always free to talk with someone at The Carolina Law Group about your situation, so schedule your free consultation now if you have questions. Call one of the numbers below or fill out this contact form.
The Carolina Law Group has four offices in upstate South Carolina for your convenience: Greenville (principal office; call 864.312.4444), West Greenville (864.312.4444), Greer (principal office; call 864.757.5555), and Spartanburg (principal office; call 864.757.5555). Call today.