What to Do If Your Workers’ Comp Claim is Denied

Your recent work-related accident has left you injured and looking down a long road to recovery. With mounting medical bills and time away from work, you’re relying on your workers’ compensation claim to help ease your worry…

But what do you do if that main source of relief – the workers’ comp claim – was denied?

Unfortunately, many reasons could account for why your claim was denied in South Carolina. Clouded in confusion and worry, many are left unsure of what options – if any – they have left.

Don’t let yourself be consumed by a denied claim! At Hoffman Law Firm, our workers’ compensation attorneys are skilled in SC law and will serve as your advocate throughout your case.

Keep reading to find out how our workers’ comp attorneys near you can help!

Why Your Workers’ Comp Claim May Be Denied

For those who file a workers’ compensation claim, the claim itself is not handled by the employer but rather by the South Carolina Workers’ Compensation Commission (WCC).

The commission can deny your claim for a number of reasons, including:

Missed Deadlines

When you suffer an injury from a work-related incident, you have 90 days to report the incident to your employer. Failure to report the injury within that deadline could result in a denial and subsequent loss of benefits. Deadlines may differ for cases involving repetitive injuries or occupational illnesses that develop over time.

Incorrect Classification

If you are classified as an independent contractor, you are not eligible to receive the benefits tied to workers’ compensation. However, it is possible to be misclassified as an independent contractor. In this instance, you would need to prove you are an actual employee of the company.

Alleged Misbehavior

South Carolina worker’s compensation is considered a “no-fault” system. This means even if the injury was due to your negligence, you are still eligible to receive the benefits. However, if an employee, for example, is accused of being under the influence of alcohol while on the job, it may result in a denial.

Inadequate Proof

In some cases, the insurance company may decide there is not enough proof to proceed with the claim. Your claim may require further proof, such as independent examinations, to receive compensation. Before agreeing to these exams, speak with your workers’ compensation lawyer.

Non-Work Related Injury

An employer may argue that your injury did not occur while on the job. In this case, you may be required to submit proof that your injuries took place during the course of your employment.

My Claim was Denied…What Should I Do Next?

The denial of a claim does not necessarily make it final. You have the right to challenge the reasons behind your denial, but navigating the legal complexities of the claims process on your own can make it all the more difficult to advocate for yourself.

That’s why putting your case in the hands of a workers’ compensation attorney you trust can not only help ease your mind but give you the best chance at receiving compensation. That’s where the experienced attorneys at Hoffman Law Firm can help!

Around half of the estimated 7,000 workers’ compensation hearings that take place each year end up winning their case and being awarded the benefits–benefits they were initially denied.

How A Workers’ Comp Attorney Can Help You File an Appeal

While you focus on your recovery, your attorney at Hoffman Law Firm will start the process of filing an appeal for your originally denied claim of workers’ compensation in SC.

The first step in the process will be to submit a hearing request to the South Carolina WCC, which will then be heard by a single commissioner. The commissioner assigned to your case will then issue a decision on whether you should be approved for benefits – or denied again.

In this case, you may appeal the single commissioner’s decision to the full commission, called a Commission Review.

Whether your case is appealed on the initial level or reaches a Commission Review, our team of legal professionals will guide you every step of the way and continue to fight for your rights to compensation.

Workers’ Comp Claim Denied? Hoffman Law Firm Can Help

Board Certified Personal Injury Attorneys of Hoffman Law Firm in Charleston SC

Has a recently denied worker’s compensation claim stolen your peace of mind? Were the awarded benefits you received less than you think you deserve?

Hoffman Law Firm is here to help.

Located in Charleston, SC, we support accident victims throughout the Palmetto State. Our personal injury and Workers’ Comp lawyers here at Hoffman Law Firm have extensive experience handling a wide variety of cases. We have established a reputation for success, as well as great service! To meet with a member of our team, schedule your free consultation today.

Cases We Handle:

Workers’ Compensation

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HOFFMAN LAW FIRM CASE RESULTS

$3,000,000 RECOVERED IN WORKERS’ COMPENSATION CASE

Recovered for a worker with under $100,000 in medical bills that was rear-ended by a commercial vehicle.

$1,200,000 RECOVERED IN WORKERS’ COMPENSATION CASE

A client suffered a brain injury at work. Case was originally denied, however Hoffman Law Firm managed the case and got the accident victim compensated.

$475,000 RECOVERED IN WORKERS’ COMPENSATION CASE

Recovered for a worker that fell through the roof of a building.

View More Case Results

Other Helpful Workers’ Comp Blogs:

Am I Eligible for Workers’ Comp While Working From Home?

Can You File a Workers’ Compensation Claim for Stress?

Can I Receive SC Disability Benefits After a Workers’ Compensation Settlement?

Common Misconceptions About Workers’ Comp and What to Do If You’ve Been Hurt On The Job

Compensation for Spinal Cord Injuries in Charleston

Dangerous Jobs: Most Common Workplace Injuries

Do I Need to Use Sick Leave for a Workers’ Compensation Claim in South Carolina?

How Can a Workers’ Compensation Lawyer Help Your Claim?