Greenville SC Workers Comp Law

Workmans Comp Lawyer in Greenville, South Carolina

The aftermath of an on-the-job injury can be stressful for victims and families in Greenville, South Carolina. You or your loved one may be facing a long rehabilitation period, especially if the injury was serious. Your loved one may have to miss time from work to recover, which might mean lost wages for your family. Your loved one may have become disabled because of an accident at work. In some cases, workplace injuries result in workers’ deaths. The toll of workplace injuries can be high and costly. Worker’s compensation is designed to offset some of these losses. Most workers in South Carolina are covered under worker’s compensation. This insurance is provided by your employer and can cover your medical expenses, a portion of your lost wages, and other expenses, such as medicines, prosthetics, and travel costs.

While most worker’s comp claims are processed in a timely manner, sometimes workers face challenges when making a claim. Employees may refuse to make a claim in a timely manner, or the worker’s compensation insurance may deny a claim. If your claim has been denied or if your employer is refusing to make a claim on your behalf, consider reaching out to the Hayes Law Firm Upstate Attorneys, LLC, a workmans comp lawyer in Greenville, South Carolina. Our firm can review your case and offer you and your family an honest assessment of the best course forward.

Why Would My Workmans Comp Claim Be Denied?

There are many possible reasons why your workmans comp claim might have been denied in Greenville, South Carolina. A skilled workmans comp law firm can help you appeal a denied claim or can file a claim on your behalf if your employer refuses to do so. You can file a claim on your own without the help of a lawyer and you can also appeal a claim on your own. Here are some common reasons why claims are denied in South Carolina:

Improperly filed paperwork. If your employer failed to properly file a claim or if you filed your claim yourself and made a mistake on the paperwork, your claim could be denied. A workmans comp law firm can review all paperwork to file a claim in a timely and proper manner.
Failure to meet deadlines. You have only 90 days to report your injury to your employer. If you fail to let your employer know within this window, you can forfeit your benefits. You have two years from the date of your injury to make a workmans comp claim. If your family member was killed in a workplace accident, beneficiaries have two years to make a claim.
Prior medical conditions. If you had prior injuries or prior medical conditions, insurers might use this as a reason to deny your claim. However, this shouldn’t prevent you from making a partial claim for injuries related to your workplace accident. The Hayes Law Firm are workmans comp lawyers in Greenville, South Carolina who can help you if worker’s compensation is claiming that a preexisting condition invalidates your claim. In some cases, insurance adjusters may wrongly link your current injuries to past illnesses and injuries.
Your employer blames you for the accident. Workmans comp is a “no fault” insurance, but if your employer has reason to believe that you were drunk on the job, under the influence of drugs, or were in violation of workplace rules, your claim could be denied.

There are many reasons why a claim can be denied. A workmans comp law firm in Greenville, South Carolina may be able to help. The Hayes Law Firm Upstate Attorneys, LLC can fight to help you get the recovery you may deserve, but it is important to act now because you may only have a limited amount of time to make an appeal.

Appealing a Denied Worker’s Compensation Claim in Greenville, South Carolina

If your workmans comp claim was denied, you have the right to appeal the decision. While you can appeal a denied claim on your own, a workmans comp law firm in Greenville, South Carolina might be able to help you get a favorable outcome. The Hayes Law Firm can help you seek a hearing to appeal your denied claim.

How do you appeal a denied worker’s compensation claim? If your employer has not made a claim, you have the right to make a claim on your own. If your claim was filed and denied, you can:

Submit a hearing request with the South Carolina Worker’s Compensation Commission along with the required fee.
Attend your scheduled hearing on the determined date and present evidence to support your claim.
You may be required to visit a doctor selected by the commission to confirm your injuries.
You can also appeal a decision made by the Commission.
You can also appeal your case to the Supreme Court if you don’t agree with the second hearing.

In order to file Commission Reviews and hearings, individuals must pay a fee. If you cannot afford these fees, you may be entitled to a waiver. Don’t let your inability to afford to pay the filing fees interfere with your right to fight back. Individuals in Greenville, South Carolina have many options and rights when it comes to appealing a denied worker’s compensation claim. Individuals can also seek a hearing if they feel that their award is too low or doesn’t cover all their expenses. The Hayes Law Firm Upstate Attorneys, LLC are workmans comp lawyers in Greenville, South Carolina who can help you make a claim and help you appeal a claim if your claim is denied.

Protect Your Rights

Every year we hear more and more about the erosion of worker’s rights. Workers comp is reduced, or workers are paid less, and are denied benefits they once received. One way that some employers try to cut corners is by misclassifying employees, claiming that they are not employees or that they are not covered by worker’s compensation. If you find yourself in this situation, it is important to protect your rights. The Hayes Law Firm Upstate Attorneys, LLC are workmans comp lawyers in Greenville, South Carolina who can fight for you and your family. Workmans comp can cover your medical costs, lost wages, and other essential expenses after an on-the-job injury. Contact our firm today to learn more about your rights.