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Why Would A Workers Comp Claim Be Denied – South Carolina’s compensation system provides benefits to employees injured on the job. Workers’ compensation laws specify that unless the employer is exempt from carrying insurance, any work-related injury to an employee should be covered if it occurs in the workplace or in the scope of employment. You may have questions about why workers’ compensation would deny a claim. Many injured workers in South Carolina who have valid injury claims are initially denied for workers’ compensation benefits. Was your workers’ compensation claim denied? If so, you need to understand your legal options and how to appeal a workers’ compensation claim denial.
What if a workers’ compensation claim is denied? Our attorneys at Joye Law Firm can guide you through the workers comp appeals process in SC and seek the full benefits available for your work-related injury. A free consultation with an experienced employment law attorney can help you clearly understand the options available to you.
Why Would A Workers Comp Claim Be Denied
Joye Law Firm handles workers’ compensation denied cases throughout South Carolina and has offices in North Charleston, Columbia, Clinton and Myrtle Beach. The 2021 edition of The Best Lawyers in America® recognizes several Joye Law Firm attorneys in our Charleston office as well as attorneys in our Columbia and Myrtle Beach offices for their work in the practice area —Workers Compensation – Claimants. See what former clients say about the legal service provided by our lawyers. Our attorneys at Joye Law are also ready to help you.
Denied Workers’ Compensation Attorneys In Portland
There are many reasons that employers and workers’ compensation insurance administrators use to deny claims from injured SC workers. An experienced SC workers’ compensation attorney, like those at Joye Law Firm, can review the reasons why workers’ compensation was denied in your case and assess whether you have grounds to appeal.
If you suffered an injury that is not related to performing your job duties, your employer may deny your workers’ comp claim.
Workers’ compensation covers full-time and part-time employees. If you are an independent contractor, the employer can deny your workers’ comp claim. However, employers sometimes try to misclassify workers intentionally as independent contractors to avoid paying claims. A competent workers’ compensation attorney can evaluate the terms of your employment and determine whether you may qualify for workers’ compensation benefits.
If you were injured in a car accident while driving to work, this is usually not covered by workers’ compensation. However, if your job duties include driving and you are injured in a car accident while performing your job, then this should be covered by workers’ compensation benefits.
Has Your Employer Refused Your Missouri Workers Compensation Claim?
The workers’ compensation appeals process in S.C. allows claims disputes to be heard by an independent workers’ compensation commissioner.
The S.C. Workers’ Compensation Commission administers the workers’ compensation system and hears appeals of workers’ compensation denials. Our attorneys can represent you at an informal conference with a representative of your employer and the S.C. Workers’ Compensation Commission. The purpose of the initial meeting is to try to resolve the dispute about your claim without going through a hearing, which is a judicial process.
If an agreement cannot be reached at the informal conference, a hearing may be scheduled before a workers’ compensation commissioner. Our attorneys can present evidence to support your claim at a formal hearing before a South Carolina Workers’ Compensation Commissioner. The appeal is heard initially by one commissioner. If the commissioner rules against you, you can request that a three-member commissioner review the decision. If you are dissatisfied with the three-member panel’s decision, you can appeal to the full Workers’ Compensation Commission and then to the S.C. Court of Appeals.
The workers’ compensation appeal process is complicated. You will have strict deadlines to meet and you will need to present persuasive evidence in the manner required by the workers’ compensation commissioner or panel. The rules of legal procedure at each step in the appeals process vary.
Reopening A Closed Workers Compensation Claim In Washington State
While having legal representation is not mandatory, you will be at a disadvantage if you do not have an experienced workers’ compensation attorney representing you at a court hearing. It is a legal proceeding. The employer or insurance company will have legal counsel, and so should you.
Having a SC workers compensation attorney guide you through the hearing process gives you the best possible chance of winning your appeal.
If the workers’ compensation denied your claim, don’t accept “No” as the final word. Let our South Carolina workers’ comp attorneys at Joye Law review your injury claim and discuss your rights to pursue a workers’ compensation appeal. We offer a free consultation and only get paid if you get benefits.
If you have been injured in a South Carolina workplace accident or workplace accident, you can trust our attorneys at Joye Law Firm to make every effort to get you all the workplace injury benefits available under the law.
How Do I Check The Status Of My Workers’ Comp Claim?
While each workers’ compensation case has a unique set of facts and the results of previous cases are in no way predictive of a similar outcome in another case, the results obtained by Joye Law reflect the firm’s experience when it comes to workers’ and personal compensation. injury cases Click on the results tab to see more details about some of the case results obtained by previous Joye Law Firm clients.
Our workers’ compensation attorneys offer a free case evaluation and are ready to handle your compensation case anywhere in South Carolina. We represent injured workers across the state including Florence, Richland County, Orangeburg, Conway, North Myrtle Beach, North Charleston, Mount Pleasant and Summerville. Call today.You were injured at work. Now you’re Too Injured to Work™. Workers’ compensation can pay for your medical expenses and some of your lost wages, so your injury on the job doesn’t leave you financially devastated.
Don’t let them push you around. You can fight back with help from an experienced labor attorney, like the New Orleans and Baton Rouge attorneys at Mitchell & Associates.
You may be denied workers’ compensation benefits altogether if your employer or their insurance company decides that your illness or injury is not work-related. This is when you need a lawyer to show otherwise.
What Happens When I’m Denied Workers’ Comp?
But often, the workers’ compensation problem isn’t completely denied—it’s denied the full benefits you deserve.
The insurance company refuses to pay for your treatment, for example. Or they count your lost wages checks too low. Or they fail to send your payments on time.
At Mitchell & Associates, we fight these battles all the time to make sure the Louisiana workers’ compensation system doesn’t shortchange you.
When some or all of your workers’ compensation benefits are denied, you can fight it by filing a “Disputing Claim for Compensation.”
Workers’ Comp Attorney Clearwater
This begins the process of getting your case before a Louisiana labor judge, which can take several months.
Don’t delay. When you have a labor dispute, you have one year from the date of your work-related accident to appeal.
If your problem is covered by medical treatment, you will submit a “Disputed Claim for Medical Treatment” form.
After you submit your dispute, your employer has 15 days to respond with a document called a “Response”.
Reasons Your Workers’ Compensation Claim Might Get Denied And What To Do About It
To prepare yourself, you participate in the evidence-gathering process called “discovery.” Your employer may request a second medical opinion (SMO). If your doctor and the employer’s doctor do not agree on the treatment you need, the State Medical Director could set up an independent medical evaluation (IME).
In the meantime, your employer’s attorneys will file motions with the court to dismiss your case without a hearing. Make it a fair fight by getting a lawyer of your own.
After the hearing, if you disagree with the workers’ comp judge’s decision, you and your attorney can also appeal your case to a State Court of Appeals, outside of the workers’ compensation system. Normally, you have 30 days to file an appeal.
It’s scary to be denied the workers’ compensation benefits you need. Times are tough when you can’t work. You wonder how to keep food on the table, a roof over your head and gas in the car. Appealing Workers’ Comp Denial Personal Injury & Car Accident Lawyers Serving Fort Myers and Naples, Florida, as well as Atlanta, Georgia
What To Do If Your Ct Workers Comp Claim Is Denied
Workers’ compensation is a type of insurance available to almost all workers in the state of Florida. With very few exceptions, under workers’ compensation, you are entitled to benefits after any on-the-job injury or illness, regardless of the role you may have played in an accident. It’s strange, then, that close to 10% of workers’ compensation claims are denied – leaving these workers without the money they need for proper medical care and basic living expenses while they recover.
You can appeal a workers’ compensation denial up to two years after the date of your injury. In the state of Florida, you can contact the Florida Employee Assistance and Ombudsman Office for help in an appeal, although it may be ideal at this point to begin discussing your options with an attorney. Some claims require legal action, including a judgment to resolve. Having a lawyer by your side helps ensure that you are prepared for any eventuality.
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