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Workers’ Compensation Denial

Greenville Workers’ Compensation Denial Attorney Helps Injured Workers with the Appeals Process

South Carolina firm represents clients who have been denied benefits

When you were hurt on the job but did not receive the benefits you sought, the Dennison Law Firm, P.C. in Greenville offers sound counsel on the appeal process. As long as you were hurt or had an accident in the course of your regular job duties, you should be able to collect payment to cover your medical costs and some of the wages you have lost if you cannot work. I am an experienced South Carolina Workers’ Compensation attorney who represents denied claimants at every stage of their appeal. My firm will vigorously pursue a decision or settlement that addresses your needs during a difficult time.

Reasons why your Workers’ Compensation claim might be denied

Workers’ Compensation is supposed to provide injured employees with prompt payments to cover their medical expenses and some of the income lost during the period when they could not work. Accordingly, a claimant does not have to prove any fault on their employer’s part to collect benefits, just that their accident, injury or illness occurred during the course of their job duties. Still, many claims are denied based on justifications that can include:

  • Pre-existing condition — Insurers sometimes allege that a claimant already suffered from a particular medical condition before the workplace incident that forms the basis of the claim, although aggravation of a pre-existing medical condition may be compensable.
  • Failure to follow medical directions — A filer who fails to show up for a required examination or refuses to abide by treatment instructions from their doctor can be denied benefits.
  • Non-job-related injury — Claims are sometimes rejected because the injury did not occur while the claimant was performing their job duties. For example, the insurer might refuse payment to someone hurt during a fight at work.
  • Severity of medical condition — Individuals with repetitive stress injuries or sicknesses caused by workplace exposure to unhealthy substances might have a difficult time proving to Worker’s Compensation providers that their medical condition is work-related.

If you disagree with the reason given for your denial or have other questions about Workers’ Compensation, I can give you the answers and legal support that you deserve.

Dealing with your employer’s insurance company

Most employers have an insurance company handle their Workers’ Compensation claims. These carriers do not have any personal connection with claimants and often require extensive evidence before determining whether to provide reimbursement for medical costs and lost wages. Hiring an accomplished Workers’ Compensation attorney who understands how insurers operate will improve your chances for a successful outcome if your claim is not approved quickly.

What to do if your South Carolina Workers’ Compensation claim is denied

Receiving notification of a Workers’ Compensation denial can be very frustrating. For many claimants, this is the moment when it is time to hire an accomplished attorney to answer questions and represent them in proceedings conducted by the relevant authorities.  My firm assists injured employees by filing claims with the South Carolina Workers’ Compensation Commission (WCC). In some instances, insurance companies become more serious when they know a worker is represented by counsel and might offer a suitable settlement. If not, the matter goes before a single WCC commissioner, who will issue an order on the case. Claimants who are not satisfied by the order can seek Commission Review for 14 days after receiving the order. During a Commission Review, a three-commissioner panel reviews the case. The panel issues their findings of fact, but if you don’t believe they made a fair award decision, you have the option to bring your case to seek relief from the South Carolina Court of Appeals.

Contact a South Carolina attorney if your Workers’ Compensation claim was denied

The Dennison Law Firm, P.C. in Greenville handles claims for South Carolina residents who have been hurt on the job and denied Workers’ Compensation benefits. If you did not receive the payment you believe you are owed, please call 864-214-2463 or contact me online to make an appointment.

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  • Greenville Office
    870 Cleveland Street
    Suite 2D
    Greenville, South Carolina 29601
    Phone: 864-235-8435
    Fax: 864-235-8433