Employees are often unsure about the process for receiving benefits when they are injured on the job. If this is your situation, you may be entitled to receive workers’ compensation, but the process can be confusing and time-consuming. If your workers’ compensation claim was denied, you could benefit from speaking with an experienced attorney.
At KD Trial Lawyers, we assist individuals who have been injured on the job. We understand the legal process and how to handle a workers’ compensation claim in Spartanburg or another nearby city. Let our team help you navigate the process.
What Is Workers’ Compensation?
Workers’ compensation provides benefits to employees injured while working. It includes coverage for medical expenses, such as medical treatment, doctor visits, and rehabilitation, and may provide a monetary award once treatment is completed. Workers’ compensation is a type of insurance that employers are required to have, and employees do not contribute to its cost.
Our knowledgeable workers’ comp lawyers in Spartanburg can explain the process, including the options available for denied cases.
The Workers’ Compensation Process
When an employee is injured at work, they must notify their employer immediately, and in no case more than 90 days after the incident, if they intend to file a workers’ compensation claim. The employee must seek medical attention as directed by the employer and/or insurance carrier. The employer should provide the workers’ compensation insurance information.
The insurance company may investigate what occurred. If the insurance carrier does not accept the case, the employee can file for a hearing to establish compensability. Working with one of our dedicated workers’ compensation denial attorneys can help you through this complicated process to help maximize your chances of getting your claim in Spartanburg or any other city accepted or found compensable at a hearing.
Requesting a Hearing and Filing an Appeal
If a worker’s compensation claim is denied, the employee in Spartanburg or other local communities can request a hearing with the South Carolina Workers’ Compensation Commission. This is the initial step to have a Single Commissioner review the case. At the hearing, the employee presents evidence, such as medical bills, witness statements, or other documentation, to show that the injury occurred at work and qualifies for workers’ compensation.
If the Single Commissioner rules against the employee, the decision can then be challenged through the appeals process. The next step is to file a Form 30 to request a review by a Panel of Commissioners within 14 days of the hearing decision. The Panel examines the evidence and issues its own decision. If the Panel also denies the claim, a further appeal can be made to the South Carolina Court of Appeals.
An experienced workers’ compensation denial lawyer can guide injured employees through both the hearing and appeals processes, helping to prepare a strong case at each stage.
Contact Our Attorneys in Spartanburg for Help With Your Denied Workers’ Comp Claim
Being injured on the job often leaves employees with questions about their rights and options, such as whether they may be entitled to receive workers’ comp benefits. If you have a denied workers’ compensation claim in Spartanburg, Greenville, or other surrounding areas, call us to speak with an experienced lawyer who can help protect your legal interests.
Our team at KD Trial Lawyers could guide you through the process of appealing a refusal of workers’ compensation. Contact us today to answer your questions and discuss your options during a free, no-obligation consultation.
