Workers' Compensation Claim Denied?
If you’ve been hurt or suffered an illness on the job, workers’ compensation can help you pay for your doctor’s bills and hospitals visits, as well as compensate you for lost wages during the time it takes you to recover. As a state-mandated insurance program, it is subject under South Carolina law to certain rules and procedures. If you’ve been hurt on the job, and you have been denied workers’ compensation benefits, there is recourse available to you. Injuries or illnesses caused by or occurring at work can cause major disruptions and have serious financial impacts. It is important to both you and your loved ones to get the compensation you deserve.
Reasons for Denial of Workers’ Compensation Claims
On-the-job injuries or illness should be reported at once to your employer, who is then obligated to report it to their insurance carrier. In order to have your claim for workers’ compensation approved, it must be determined that the cause of your injury or job-related illness was not self-inflicted and that you were not under the influence of drugs or alcohol at the time it occurred. If either of these situations is true, then your claim for benefits will likely be denied.
However, an employer may dispute a claim for workers’ compensation for reasons other than listed above. Your claim for workers’ compensation may be denied if:
- Your injury isn’t determined to be serious enough to justify a claim.
- Your injury didn’t occur on the job, or in the course of your employment.
- You didn’t receive medical treatment.
- The injury or illness isn’t determined to be severe enough so as to affect your ability to work.
Employers and their insurance carriers have a very good reason to want to dispute your claim. Payments for the doctor and hospital bills can be extremely costly, and employers aren’t eager to pay employees who are unable to work.
Appealing Your Denied Workers’ Compensation Claim
If your workers’ compensation claim has been denied, or if you dispute the amounts awarded, you do have the right to appeal the decision. Workers’ compensation appeals are filed directly with the South Carolina Workers’ Compensation Commission. The Commission oversees the workers’ compensation program and has the power to review any decision made concerning benefits or claims. If you have a claim that has been denied, you may request a hearing be held in which you may present medical or other evidence in defense of your claim. Hearings are generally held before a commissioner, who will review the evidence presented, come to a decision and issue an order in the matter. After the hearing, if you still disagree with the order issued by the Commission or feel that the amount awarded isn’t adequate, you may then want to consider filing an appeal directly to the South Carolina Court of Appeals.
Contact Our Experienced Workers’ Compensation Attorney
If you’ve been injured or suffered an illness on the job, and your workers’ compensation claim has been denied, contact our experienced South Carolina workers’ compensation attorneys. Appealing workers’ compensation claims can be a confusing and lengthy process, and it’s important to have someone on your side. At Anastopoulo Law Firm with offices in Charleston and throughout South Carolina, our attorneys are experienced in handling workers’ compensation and understand how important it is to you and your family to get the benefits you may have been denied. Contact us today to review your case; we’ll work hard to get you the benefits you deserve.