Denial of Workers’ Compensation Claim: What Next?

South Carolina Workers’ CompensationIf your workers’ compensation claim has been denied, that is not necessarily the end of your case. It is not unusual for the South Carolina Workers’ Compensation Commission to reject an initial claim for benefits. Sometimes it is for technical reasons, such as inconsistencies in the large amount of information required.

Regardless of why you think your workers’ compensation claim has been denied, you should have it reviewed by a workers’ compensation lawyer experienced with claims in South Carolina. If your employer disputes your claim, having experienced legal help is crucial. A significant amount of money may hang in the balance.

The attorneys of Land, Parker & Welch, P.A., in Manning have more than 120 years of combined experience helping South Carolina workers appeal improper workers’ compensation decisions. Contact us now for a free review of your claim.

Fight the Decision to Deny Your Workers’ Comp Claim

If your initial workers’ compensation claim has been denied, you have the right to request a hearing before a commissioner from the South Carolina Workers’ Compensation Commission. At the hearing, you will be allowed to introduce evidence and give testimony in support of your claim. Your employer, usually through its workers’ compensation insurer, can also present a case against providing benefits to you.

After requesting a hearing, the next thing you should do is make sure your claim application is complete and accurate. Many claims are denied simply because something is missing or documents provide conflicting information.

Assuming your employer is disputing your benefits claim, you will have to make an argument for your eligibility for workers’ compensation. For a successful case, you may:

  • Present new evidence that supports your claim. This should go beyond what was in your original application.
  • Be ready to testify on your own behalf. In addition being able to explain the accident that caused your injury or your exposure to working conditions that caused your illness, you must be ready to answer questions from an opposing lawyer intent on damaging your claim.
  • Have witnesses testify in support of your claim. Many times the dispute in a workers’ comp claim revolves around whether the worker’s injury or illness is truly job-related. Having co-workers who can say they saw you injured at work, for example, or medical professionals who can describe the toxic exposures that caused your illness may help your claim.
  • Attend all doctors’ appointments. Regardless of the status of your claim, you should continue to go to appointments with the doctor who is handling your case, as well as any therapists or specialists he or she directs you to see. It is important that you comply with all requirements to maintain your eligibility for workers’ comp, including following your physician’s instructions, while an appeal is pending.

We Can Prepare Your Case for Workers’ Compensation

This is probably your first experience with the workers’ compensation system, and every step of the claims and appeals process is new to you. But it’s not new to those who are working against your claim. Your employer’s insurer deals with claims every day with the objective of paying out as little as possible.

To ensure you obtain workers’ compensation benefits that you need, at the first sign of problems with your claim – which is typically a denial – your best next step is to get qualified legal help. The attorneys of Land, Parker & Welch have more than 120 years of combined experience assisting South Carolina workers with their workers’ comp claims.

A lawyer from Land, Parker & Welch can investigate your claim and work to secure the evidence necessary to prove your case in a hearing, including expert medical testimony if necessary. We will prepare you for your hearing so that together we can ensure that you get the benefits you deserve. 

Contact an Experienced South Carolina Workers’ Compensation Attorney

Don’t let a denied workers’ compensation claim deter you from seeking the benefits you deserve. The lawyers at Land, Parker & Welch, P.A., understand how some workers’ comp insurers try to deny injured workers the help they deserve. We work to stop them from getting away with it.

Call our Manning office now or use our online contact form to set up a no-cost legal consultation about initiating your workers’ comp appeal.