Workers’ comp insurance provides financial relief for medical bills, lost wages, and injury-related costs. However, there are many reasons why your workers’ comp claim may be denied.
If you fail to notify your employer in a timely manner or refuse to seek medical treatment, the insurance company may try to dispute or deny your claim. If your workers compensation claim has been denied, you should:
Hire an Experienced Lawyer
If your workers comp claim is denied, it’s important to hire an expert attorney to fight for your right to a settlement. The workers’ compensation appeals process in South Carolina can be difficult to navigate alone, and the insurance company and your employer will most likely try to dispute your case. A lawyer, like one from The Clardy Law Firm, can help you file the right documents, explain complicated legal terms, and guide you through the process.
Collect Evidence
Evidence is important in proving that your injuries happened at work. Evidence includes pictures or videos of the incident, witness accounts, and your medical records. You need to see a doctor immediately after your workplace accident! Some injuries, like whiplash, traumatic brain injuries (TBIs), and sprains, might not appear right away. Your doctor can also provide evidence of the existence and extent of your injuries.
Request a Hearing
Once you’re notified that your workers’ comp claim has been denied, you can request a hearing with the South Carolina Workers’ Compensation Commission.
Go Through with Mediation
The South Carolina Workers’ Compensation Commission may make you go through mediation to reach an agreement. An unbiased mediator will moderate discussions between you and your employer. Your attorney can attempt to negotiate a fair settlement with the insurance company during this time. If this fails and you’re still unable to reach an agreement, your case will proceed to a formal hearing. There you will present evidence to support your claim. The judge will then decide if you should receive workers’ comp benefits.
Appeal Your Case
When mediation and the formal hearing isn’t enough, you still have the option to appeal the decision with the help of a workers’ comp attorney.
If your workers comp claim has been denied, you need to act quickly to appeal the decision! Whatever your situation, the workers’ compensation lawyers at The Clardy Law Firm will discuss your options for appealing the denial and work hard to fight for the compensation you deserve!
