Welcome back to our series on common workers’ compensation questions.
In Part 1, we introduced the fundamentals of workers’ compensation law and the process of filing a claim. While many workers’ comp claims are approved without issue, preparing for potential roadblocks is important.
Now, we’ll delve into common issues that can arise, including denials, delays, and disputes over benefits, and how a workers’ compensation law firm can help.
Worker’s Comp Claim Denial FAQ
What if My Claim Is Denied?
A denied claim doesn’t mean you’re out of options. Common reasons for denial include insufficient evidence, missed deadlines, or disputes over the injury’s cause. If your claim is denied:
- Request a Hearing: In South Carolina, the Workers’ Compensation Commission will determine whether you have suffered a compensable injury.
- Gather Evidence: Strengthen your case with medical records, witness statements, and expert opinions.
- Hire an Attorney: A workers’ compensation lawyer in Columbia, SC, can help you build a compelling case and represent you in hearings.
You can learn more about the claim evaluation process here.
Can I Be Fired for Filing a Workers’ Compensation Claim?
It is illegal for an employer to retaliate against you for filing a workers’ compensation claim. This includes firing, demotion, or other discriminatory actions. If you suspect retaliation, consult an experienced workers’ compensation attorney immediately.
Common Employer and Claim Issues
What Happens If My Employer Doesn’t Have Workers’ Compensation Insurance?
In South Carolina, most employers with four or more employees are required to carry workers’ compensation insurance, usually through a commercial insurance provider, and sometimes through the state’s assigned risk program.
If your employer doesn’t have coverage, you may be able to file a claim with the South Carolina Uninsured Employers Fund or pursue legal action. A skilled attorney can guide you through this complex process.
What If I’m Partially at Fault for My Injury?
Workers’ compensation is a no-fault system, meaning you can receive benefits even if you were partially responsible for the accident. However, intentional misconduct, violating company policies, or other circumstances may disqualify you from receiving benefits.
What If My Employer Says I’m Not Covered?
If your employer claims you’re not covered by workers’ compensation, don’t take their word for it. This could be an error or an attempt to avoid responsibility. Contact a workers’ compensation attorney in Columbia, SC, to review your case and determine your eligibility.
Count on LIEP Law, a Workers’ Compensation Law Firm in Columbia, SC
At LEIP Law, we understand the physical, emotional, and financial toll that workplace injuries can take. Our experienced team is committed to providing personalized legal representation to injured workers in Columbia, SC, and surrounding areas. We’ll work to ensure you receive the benefits you deserve and make the process as stress-free as possible.
Workers’ compensation laws in South Carolina are designed to protect employees, but the process can be complex. If you have questions or need assistance, contact LEIP Law today for a free consultation. Our workers’ compensation law firm is here to help you every step of the way.
Whether you’re filing a claim, appealing a denial, or seeking advice, we have the experience to guide you through the process and secure the compensation you need to recover.
Call our Columbia, SC office at (803) 799-9811 to learn more.
