You are a terminal worker who was injured while doing your job. You reported your injury to your employer and filed a workers’ compensation claim as per South Carolina law and your employer’s instructions. Then, after waiting for days or even weeks, you find out your claim is being delayed or denied for one reason or another.
This story is far too common among injured workers in South Carolina. It can leave employees with no way to pay their medical bills, struggling to pay their living expenses, and without work in the future. If this scenario sounds familiar to you and you believe your rights are not being respected after a workplace injury, a compassionate Port of Charleston terminal worker injury lawyer may be able to help you. Call a skilled personal injury attorney today and let a legal professional fight for your right to compensation.
Medical Care after a Terminal Workplace Injury
In order to have their medical bills covered under workers’ comp insurance coverage, employees must adhere to the restrictions given to them by the law and their employer. For example, except for necessary emergency medical care, employees must see a doctor or healthcare provider that is pre-approved by their workers’ comp plan. This requirement is detailed in South Carolina Code §42-15-60.
It is also important that injured workers follow the instructions and advice of their doctors, as some workers’ compensation cases are denied based on medical non-compliance. Not only should following the instructions increase an injured worker’s chances of a better outcome, it may also increase their chances of having their workers’ comp claim accepted. Speak with a knowledgeable lawyer to learn more about how an injured individual can enhance their ability to recover compensation.
Resolving a Workers’ Comp Dispute
Employees who learn that their workers’ comp claim has been entirely or partially denied can file an application for a hearing conducted by the workers’ compensation commission. However, the application must be completed within 14 days of when they reported the injury to their employer.
At this hearing, a Port of Charleston terminal worker injury attorney could argue an injured worker’s position on their behalf. The employee and their lawyer can call witnesses, such as the employee’s physician. Paycheck stubs and medical records may also be used as evidence to support the employee’s claim.
If a worker disagrees with the decision made by the hearing commissioner, they may appeal the decision by themselves or through their terminal worker injury lawyer in Port of Charleston. The appeal would then be considered by a panel of commissioners, whose decision—if it ends with a denial—can also be appealed to the Court of Common Pleas and the State Appellate Courts.
Talk to a Port of Charleston Terminal Worker Injury Attorney
Often, employers and their insurance companies will attempt to deny or delay a workers’ compensation claim in the hopes of not having to pay it. Not only is this an unethical practice, it is also illegal.
If you are a terminal worker in South Carolina who was recently hurt while at work and had your workers’ compensation claim denied, an experienced Port of Charleston terminal worker injury lawyer could represent your interests and rights while working with you to appeal that decision.
With a dedicated attorney’s help, you may be able to access the workers’ comp benefits you are entitled to within the timeframe that you should be receiving them. To learn more about your workers’ compensation rights and the laws that uphold them, call to schedule a consultation today.