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How to Resolve a South Carolina Work Comp Dispute

Written by John D. Hawkins on . Posted in .

When you’re injured in a work accident in South Carolina, your first move will likely be to report your injury and seek workers compensation benefits. Unfortunately, you might not receive those benefits right away. Your employer or insurance company might dispute your claim and fight back.

When this happens, you’ll need to resolve that dispute as soon as possible. Fortunately, our attorneys can help you when you’re not sure how to resolve a South Carolina work comp dispute. We’ll guide you through the steps after you’re initially denied.  

How Are South Carolina Workers Comp Disputes Resolved?

So, how are South Carolina workers comp disputes resolved? Fortunately, you can fight back and get your case resolved with the right help on your side: a good South Carolina workman’s comp attorney. Be prepared to fight back and get the workers compensation benefits you deserve.

Informal Conferences

Your first step toward your workers comp benefit may be to simply discuss the situation with your employer and their workers comp insurance company.

After your denial, look over your denial letter for the reason you were denied. This reason should be listed on your letter, and your lawyer can help you determine how to address your denial. For example, the insurer or your employer may claim you weren’t injured enough, so you may need to supply further medical proof of your injury.

Once you’ve gathered the evidence you need, you’ll first need to schedule a meeting with your employer and their workers comp insurance provider. This initial meeting will be an informal discussion of your condition and your denial. You’ll talk to your employer about their denial and present the evidence you have to support yourself and your injury.

This option can let you answer any questions the insurer or employers have about your claim, as well. You’ll have a chance to discuss what you’re owed, what benefits you should continue receiving, and what benefits you can expect moving forward. Fortunately for many South Carolina residents, no further action may be needed.

When that doesn’t settle your claim, however, what can you do? In these cases, you might need to take your claim a step further and schedule a hearing.

Hearings with an SC Work Comp Commissioner

If your informal conference doesn’t resolve the issues you have with your claim, you may need to take your claim to a workers compensation commissioner. You might feel that your benefits have been terminated too early or that your benefits won’t properly cover your injuries.

In these cases, you’ll need to file a request form, and you’ll then schedule a hearing before the workers compensation commissioner.  This meeting will be more formal. You and your lawyer will present the evidence you have, showing that you were seriously injured while at work and that you need benefits. Then, the insurance company and their lawyer will present their evidence. This option addresses disputes about your claim, such as the following:

  • You don’t believe you received all your benefits.
  • Your employer denies that your accident counts.
  • Your employer didn’t report the accident.

In these cases, you and your lawyer will present your claim to the commissioner, and your employer will have the same opportunity. 

Once both sides have shared all evidence, the commissioner will make a final decision about your case. Fortunately, this should get you the compensation you deserve.

Resolving Your Work Comp Dispute

While dealing with a workplace injury or illness can already be difficult, getting the compensation you need to recover can be just as tough. Fortunately, you don’t have to fight back alone. Instead, call a South Carolina workers comp lawyer who can help you with your work comp claim.

Many workers aren’t sure how to resolve a South Carolina work comp dispute, but fortunately, your lawyer from HawkLaw, PA will. Our attorneys will fight for the compensation you need when you’ve suffered an accident but aren’t getting the full compensation you deserve.

If your workers comp claim has been denied, speak to your attorney about scheduling a hearing and getting your benefits. Start with a free consultation* about how we’ll proceed with your claim. For more information, give us a call at 1-888-HAWK-LAW (429-5529) or complete the online form below.

HawkLaw services work comp claims throughout the state of South Carolina, or at our CharlestonGreenvilleSpartanburg, and Columbia law offices.

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Written By John D. Hawkins

John David Hawkins is the Founder and Owner of HawkLaw. He has been licensed to practice law in South Carolina since his graduation in 1994 from the University of South Carolina School of Law. Focusing on litigation, Mr. Hawkins is experienced handling Worker’s Compensation, Personal Injury, Social Security Disability, Administrative Law, and Criminal Law matters.

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