My claim was denied, what can I do?

Having your workers’ compensation claim denied can be an extraordinarily frustrating and stressful experience. The good news is that you are not out of options. You can appeal the denial. The first thing you need to do is to understand exactly why your claim was denied. South Carolina workers’ compensation claims can be denied for a number of different reasons. Three of the most common reason claims are denied are:

• There is a dispute over whether or not your injury actually occurred on the job;
• There is a dispute over the severity of your injury; or
• There is a procedural issue with your application, perhaps a lack of evidence or late filing.

In South Carolina, workers’ compensation disputes can be appealed to an independent commissioner. Our attorneys can represent you during an informal conference with a representative from your employer and the S.C. Workers’ Compensation Commission. The goal of this meeting is to resolve your claim without proceeding to a formal hearing.

If an agreement isn’t reached at the informal conference, a formal hearing can be scheduled before a workers’ compensation commissioner. At this hearing, our attorneys will present evidence supporting your claim. The appeal is initially heard by one commissioner, but if they rule against you, you can request a review by a three-member panel. If you’re dissatisfied with the panel’s decision, further appeals can be made to the full Workers’ Compensation Commission and ultimately to the S.C. Court of Appeals.

You should have received an official letter stating exactly why your claim was denied. Upon receiving this letter, you should get it in the hands of an experienced workers’ compensation lawyer. At Joye Law Firm, our attorneys are here to guide you through the workers’ comp appeals process and fight for the full benefits you deserve for your work-related injury. Schedule a free consultation with one of our experienced workers’ compensation lawyers. Even if you choose not to hire us, you’ll leave with a clearer understanding of your legal options.