A work-related injury can be a sore spot in your life. After the accident, it is common to wonder when you will be able to return to your job and how the loss of income will affect your family. In Greenville, South Carolina, most employers with more than four workers on their staff must carry workers’ compensation insurance coverage. The only employers exempt from carrying workers’ compensation insurance are agricultural and railroad workers. So while the majority of employers must carry the coverage, the issue is that not all work injuries can receive payment via workers’ compensation claim benefits.
An employee in Greenville, South Carolina that suffers an on-the-job injury must complete an accident report to notify the employer of the injury, seek medical attention, and file a claim for workers’ compensation benefits submitting documentation of their injury with the claim. There is typically a waiting period of 7 days, after which the employee will begin to receive their benefits. Qualified employees will receive compensation benefits to cover medical treatments and replace earnings lost due to a work-related injury. You will receive about 66 2/3 percent of your normal weekly earnings while you are unable to work and recuperate from your injury.
If you or a loved one has suffered injuries while at work, it is a good idea for you to contact an attorney to help you with your workers’ compensation claim. A lawyer will be able to answer your questions about the process of filing for benefits and how long it should take you to receive your benefits. An attorney can also discuss the specifics of your case and let you know what your options are and whether or not you are eligible for benefits through your employer’s workers’ compensation insurance coverage.
Reasons for Denial of Greenville, South Carolina Workers’ Compensation Benefits
Not all requests for workers’ compensation benefits will receive approval in Greenville, South Carolina. The state does not permit coverage for mental injuries, stress, strokes, heart attacks, embolisms, or aneurysms if there is no accompanying physical injury from performing normal work activities. If your claim does not receive approval and it is not in any of the categories above, your denial could be due to one of the following:
- You did not report your injury in a timely fashion. An employee needs to report their work-related injury as soon as possible, but you have up to 90 days to report the injury.
- You did not file your claim in time. In Greenville, South Carolina, you must file a claim for benefits within 30 to 90 days.
- The employer denies the injury took place at work. Your supervisor or the company you work for may claim the injury took place while off-duty or away from the workplace.
- Injury is from the non-covered category. Some injuries are not covered by workers’ compensation. This includes things like stress or strokes.
- You did not receive medical treatment. In order to receive workers’ compensation benefits, you must seek medical care and have medical documentation of your injury.
- No evidence proving it is a work-related injury. Your documentation does not clearly state the injury is work-related.
These are just some of the reasons your Greenville, South Carolina workers’ compensation claim request may receive a denial. You will receive a written decision detailing your denial, and if you believe your denial is an error, you have the option to file an appeal. You can take your denial letter to an attorney and discuss your options. A lawyer that handles workers’ compensation claims will be able to tell you why your claim did not receive approval and what you can do to file a successful appeal of the decision. It may be as simple as you did not submit the correct documentation or a clerical error.
An attorney can go with you and meet with your employer to help you resolve the matter without having to file an appeal. Filing an appeal of a workers’ compensation denial can be a cumbersome and confusing process, and you will want to have adequate representation when you go for your hearing. In order to file a successful appeal, you and your attorney will need to provide the court with any additional documentation to prove your injury. A detailed copy of a medical examination and a time sheet proving you were on-duty would be great evidence to support your case.
How Can an Attorney Help Me with My Workers’ Compensation Claim?
If you live in Greenville, South Carolina, and you or a loved one has work-related injuries and need to file for workers’ compensation benefits, an attorney can help you file all the necessary paperwork to complete your request. A lawyer will be by your side for the entire process and can help you get the appropriate medical reports to prove your case and negotiate with your employer’s workers’ compensation insurance carrier to get you the compensation and benefits you deserve. If you have a serious injury that will leave you with a permanent disability, like blindness or loss of a limb, an attorney can help you determine if you should seek benefits from workers’ compensation or seek legal action.
Contact the Dan Pruitt Injury Law Firm for Help with Your Workers’ Compensation Claim
If you or someone you love suffers a work-related injury, the Dan Pruitt Injury Law Firm can help you understand the difficult process of filing a request for workers’ compensation claim benefits in Greenville, South Carolina. You will need someone with knowledge of the state’s laws to help you file your claim and submit your documentation to prove your injuries. We are here to help you get the justice and benefits you deserve so that you can recuperate from your injuries and pay your medical expenses.
Let us help you with your workers’ compensation claim. Call our office today to schedule a free, no-obligation consultation so we can get to work on your case.
Dan Pruitt is a Personal Injury Attorney who practices in Greenville, SC. He graduated from University of Georgia, and has been practicing law for 25 years. Dan Pruitt believes in fighting for the injured. Learn more about his experience by clicking here.