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Denied Workers’ Compensation Claims

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If you were injured on the job or in the workplace in any way, you may have the right to workers’ compensation. The Workers’ Compensation Act in South Carolina provides that a worker that suffers an injury due to an accident in the course of duty of their employment should be entitled to receive medical expenses, compensation for lost wages, and permanent disability benefits if applicable.

When Your Workplace Injury Claim is Denied by your Employer

First, if you were in an accident in the workplace, you should immediately report the incident to your supervisor. At this point, you should request that your employer should be responsible for any medical treatment. There may be a chance that this is denied by your employer, and if that is the case, you should seek the advice of an experienced attorney. If the medical claims continue to be denied by your employer, you (or your lawyer) should file a Form 50 with the Workers’ Compensation Commission. This form will describe the accident, who it was reported to, what injuries were suffered, and whether medical treatment was needed. Your employer may choose to respond with a Form 51, and either admit or reject what the Form 50 states.

The workers’ compensation case is then placed on the Workers’ Compensation Commission’s docket and an individual Commissioner will be assigned to examine the case in detail, determine the facts, and make a decision. Typically, hearings are held between three to five months following the filing of the Form 50. This hearing will allow medical records and medical testimony, however, your physician will not be allowed to be present. A final ruling will be determined called an Opinion and Award which described the decision and what compensation the worker should get from their employer if any. If either party is dissatisfied with the Commission’s decision, they may appeal to the full Commission, composed of all of the Workers’ Compensation Commissioners except for the one Commissioner that originally heard the workers’ compensation case. If that appeal decision is unacceptable to either party, it may be appealed to a Circuit Court in South Carolina all the way up the South Carolina Supreme Court.

Contact a Workers’ Compensation Benefits Attorney in South Carolina

If you are attempting to file a workers’ compensation claim in South Carolina, or if your workers’ compensation claim was denied by your employer, contact an experienced workers’ compensation injury attorney to help you receive the maximum amount of compensation available under the law. In many cases, you will need to file an appeal regarding the workers’ compensation benefits denial of your claims either at the Workers’ Compensation Commission’s level or even in state civil court. The experienced Columbia personal injury lawyers at The Stanley Law Group at 803-799-4700 can help you understand your legal rights and help you determine your next steps to help you receive the monetary compensation you are owed to pay your medical bills, recover lost wages, and possibly even pain and suffering.

 

Resource:

wcc.sc.gov/sites/default/files/Documents/Form%2050.pdf

scbar.org/public/get-legal-help/common-legal-topics/your-rights-under-the-sc-workers-compensation-act/

https://www.thestanleylawgroup.com/timeline-of-a-personal-injury-case/

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