When a worker is injured on the job, they expect to have their expenses and lost wages covered by their employer’s insurance. Sadly, the insurance company does not operate in the best interest of the victim, but rather seeks to protect themselves from any major pay out. As a result, if you file a claim with the insurance company and the claim was denied, you should know that you have other options.
To learn more about workers’ compensation denials in North Charleston and what that means for your claim, be sure to schedule a consultation today.
Why Would a Workers’ Compensation Decision be Denied in North Charleston?
When a claim is denied, the insurance company is typically saying that the victim does not have a claim for compensation. They may claim that the claimant had pre-existing injuries prior to the accident and did not suffer any additional injuries from the accident. As a result, the insurance company would deny compensation based on the notion that the victim was already injured. However, an experienced attorney could explain to the insurance company that the victim is still entitled to compensation since the existing injury was re-injured. A lawyer could collect testimony from a medical professional if that is indeed the case.
Another reason why an insurance company would deny a claim is the if the claim was not filed within the statute of limitations. Often times the insurance company will claim that the victim did not file a claim before this deadline. However, they may be mistaken by the deadline, making it important to schedule a consultation with a legal professional soon after an accident to know and understand the applicable deadlines.
Does a Person Have to File Worker’s Comp Claim with the Insurance Company?
If an insurance company denies a claim, the injured party can simply file a claim to the Workers’ Compensation commission. Usually, it is better to file a claim with the insurance first because there is always the chance that the insurance company would accept the claim and payout the necessary damages. However, if they decide to deny the claim, the injured victim could decide to have their claim heard in front of a commissions from the Workers’ Compensation Commissioner. In South Carolina, there are seven workers’ compensation commissions that rotate on the circuit. One of them will hear a case and listen to both the plaintiff and the defense arguments. Ultimately, based on the evidence, medical records, and testimony, the commissioner will issue a decision for the case. If the decision is not in favor of the plaintiff, the plaintiff could appeal the decision if they believe that certain facts were misrepresented or ignored.
Reach Out to an Attorney Today
If you recently filed a workers’ compensation claim that was denied by an insurance company, be sure to get in touch with an experienced attorney today. A lawyer experienced in workers’ compensation denials in North Charleston could take the time to learn more about your case and advise you on how your should proceed. To begin talking about the details of your case, call today to schedule a consultation.