What Should I Do If I Disagree With My Workers’ Compensation Award?

James Law Office, LLC

When you get hurt at work, you expect to get workers’ compensation. That is what it’s there for after all. However, sometimes your claim for compensation can get denied outright or you could end up getting fewer benefits than you think that you deserve. You do not have to accept this. If you think that you have a valid claim for workers’ compensation, then you should move your request to a different venue with the help of a Darlington, South Carolina personal injury lawyer.

How Do I Recieve Workers’ Compensation?

When you are injured at work, you have to report your injuries to your employer immediately. Your employer should talk to their insurer and get the ball rolling. Soon after, you should hear back about what benefits you are entitled to. It seems simple enough, but if it looks like you will not be awarded enough compensation these matters can quickly become more complicated.

What Do I Do If Workers’ Compensation Is Denied?

Your workers’ compensation claim can be denied for many reasons. Your workplace’s insurance company could say that:

  • You actually were not injured at work
  • You had a preexisting condition
  • You are not covered as an independent contractor
  • You were hurt, but you were under the influence of drugs or alcohol at the time

If your claim has been denied or you think that you are owed more in benefits, you can file with the South Carolina Workers’ Compensation Commission and make your case there.

Do I Need an Attorney to Meet With the Workers’ Compensation Commission?

You are not required to have an attorney when you appear in front of the Workers’ Compensation Commission for the first time as it is a less formal type of event. However, having an experienced attorney on your side can be helpful. Your attorney can help you gather evidence and make your case.

If an agreement cannot be reached at this first conference, then you must go on to a more formal hearing that will be heard by one commissioner. If you do not like their verdict, you can ask to be heard in front of a panel of three commissioners.

Can I Appeal This Commission’s Decision?

Unfortunately, if things do not go your way in front of the panel of three commissioners you will still have some work ahead of you. You can file an appeal to the full Workers’ Compensation Commission. Then your fight can move on to the Court of Appeals.

This can be the most complex part of the process so far, but do not worry. An attorney from our firm can help you keep track of important dates, gather the necessary paperwork, and prepare for the next steps.

Talk to a Work Injury Lawyer Today

If you need help navigating this process, contact the James Law Office, LLC. We can schedule a consultation and tell you more about what we can do to assist you in this difficult time.

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