(864) 582-0416 South Carolina requires almost all employers with four or more employees to carry no-fault insurance that compensates injured workers in job-related accidents. Your medical bills and a portion of your wages are paid while you are in the hospital or recuperating at home, which is a safety net for your financial security. As with other forms of insurance, you must submit a claim to the insurer, and you must prove that your injuries occurred at work.
Insurance companies are corporate powerhouses with shareholders who want to see profits and dividends. This means insurers will often look for ways to deny your claim to enrich their own companies. You can lessen the probability of rejection by working with a Spartanburg workers’ compensation denial lawyer from Holland & Usry who is compassionate and knowledgeable. Call now to schedule a FREE case review with a local workers’ comp attorney.
Denied employees must appeal to the South Carolina Workers’ Compensation Commission (SCWCC) by filing a Form 50, or Form 52 if a family member’s death benefits are involved. Common reasons insurance companies give for denying a claim include:
A lawyer at Holland & Usry in Spartanburg will review your workers’ compensation denial letter during a FREE case review and outline the process for an appeal. This likely means a hearing before one SCWCC commissioner. If that is unsuccessful, an appeal to the Full SCWCC, a three-commissioner panel, can be filed. The next possibility involves the South Carolina Court of Appeals and finally the South Carolina Supreme Court. What About Alcohol or Drug Use?
Workers’ compensation insurance is no-fault, which means no blame is assigned for your accident, as it is when personal injury lawsuits are litigated in a court of law. Also, your benefits are not predicated on taking a drug or alcohol test, although your employer can request one at will at any time. If you are impaired on the job and it contributes to your injuries, your benefits can be denied. If your impairment is a violation of your company’s policy, you can also be fired.
If marijuana is involved, the insurer may investigate and contend that it impaired your coordination or reasoning enough to cause your accident, putting those benefits at risk of denial. A Spartanburg workers’ compensation attorney is a crucial advocate if you receive a denial based on marijuana use at work. Call to schedule a FREE case review and learn how we can help.
Our team at Holland & Usry will challenge your claim denial backed by knowledge and experience. Your attorney will work to gather additional evidence to refute a denial, which could include talking to your physician for valuable support concerning your medical condition, negotiating with the insurer, and representing you during the appeals process. You don’t have to pit yourself against insurers and make sense of this complicated process alone while you are healing from your injuries.
Enlist the help of a Spartanburg workers’ compensation denial lawyer to ensure your claim has the best chance of success on appeal. Call now for a FREE case review.
