Suffering a work-related injury can be stressful enough without the added frustration of a denied workers’ compensation claim. If this has happened to you, you may be wondering: What happens if your workers’ comp claim is denied? South Carolina law does allow injured employees to challenge claim denials, but the process can be complicated.
At Williams & Roche, LLC, we understand what you are up against. Our Columbia workers’ compensation attorneys have worked on all sides of the South Carolina workers’ compensation system. Founders Derrick Williams and Andrea Roche both served on the South Carolina Workers’ Compensation Commission before representing injured workers, a background that provides uncommon insight into how insurers and the Commission think and how to build a strong appeal.
We take the time to explain your options clearly and stand with you every step of the way.
Based in Columbia, we proudly represent clients across South Carolina and are not afraid to take on tough cases. If you are wondering what happens if your workers’ comp claim is denied, we can help you with the next steps.
Why Workers’ Compensation Claims Are Denied
Workers’ compensation claims can be denied for several reasons. Unfortunately, not all of them are fair. In some cases, it is a simple paperwork issue, such as a missing form or a document that was incorrectly filled out. Other times, the employer or their insurance company disputes that the injury happened on the job or claims the policy did not cover you at the time of the accident. Claims filed outside the required deadlines are also commonly rejected.
Whatever the reason, a denial does not necessarily mean the end of the road. With the proper legal guidance, you may be able to file an appeal and have your claim reconsidered.
Filing an Appeal
Identify the Date You Received the Denial
Timing is everything when appealing a denied claim. The first thing you need to do is determine when you received the denial notice. In most cases, this will be the date the order was delivered to you, whether by mail or electronically. That date starts the countdown for how long you have to appeal.
File an Appeal Within the Legal Deadline
Appeal deadlines vary depending on how your denial was issued. If a single commissioner denied your claim, you typically have 14 days to file a request for reconsideration. If a full panel of commissioners denied your case, you may have up to 30 days to begin the appeal process.
Failing to act within these timeframes could cause your appeal to be dismissed, no matter how strong your claim might be. If you are unsure which deadline applies or how to count the days, it is in your best interest to contact a Columbia workers’ compensation attorney from our firm as soon as possible.
Prepare and Submit the Right Paperwork
If you are appealing a decision by a single commissioner, you will likely need to complete and submit the proper form to the South Carolina Workers’ Compensation Commission. If the decision came from the full panel of commissioners, your next step may involve filing a formal appeal with the South Carolina Court of Appeals.
Knowing which forms to use, where to send them, and how to properly support your arguments with evidence is critical.
Our firm is experienced in handling this paperwork and can ensure everything is prepared and filed correctly.
Avoiding Common Mistakes During the Appeals Process
Many workers lose their chance at a successful appeal because they do not understand the process of what to do if their workers’ comp claim is denied. Missing a deadline or using the wrong form could cause your claim to be dismissed entirely. Others mistakenly assume they cannot appeal or that it is not worth fighting a large insurance company.
The good news is that legal support makes a real difference. At Williams & Roche, LLC, our Columbia workers’ compensation lawyers take the guesswork out of the process. We explain each step in plain language, calculate your exact filing window, and handle every procedural detail on your behalf.
If Your Claim is Denied, Contact Our Workers’ Compensation Attorneys Today
When your workers’ compensation claim is denied, it is natural to feel discouraged.
However, a denial is not the end of the road. You have rights under South Carolina law, and Williams & Roche, LLC, is here to help you fight for them. If you are wondering what to do if your workers’ comp claim is denied, let us evaluate your case and guide you through your next steps. Our team will manage communications with the insurer, represent you at hearings, and file all necessary documents so that you can focus on your health and your future.
Our Columbia workers’ compensation lawyers handle complicated, denied, and delayed workers’ compensation cases throughout South Carolina. To schedule a free consultation and learn more about your appeal options, contact us online today.
