Workers’ Compensation Attorney Fights Denied Claims in South Carolina
Capable management of claims and disability settlements throughout South Carolina
Workers’ compensation is a vitally important benefit, paying for your medical care and replacing most of your lost earnings while you are unable to work. But if your employer denies your claim, or the insurance company comes between you and your treating physician, you may have to fight for the benefits you deserve. For more than 25 years, the Law Offices of David L. Hood has stood up for injured workers. We provide knowledgeable and determined representation for denied claims, disputes over treatment plans, disability ratings issues, disability settlements and much more. If you are having trouble with the workers’ comp system, we can help you access the benefits you deserve.
Your rights under South Carolina’s workers’ compensation law
Workers’ compensation is a no-fault insurance system that protects workers who suffer on-the-job injuries while insulating employers from liability. Injured workers are entitled to a range of benefits, including:
- Medical treatment
- Partial wage replacement
- Partial disability, total disability and disfigurement benefits
- Death benefits
Access to benefits should be simple. The worker reports the injury to the employer and files a claim with the insurance carrier. The employer must report the incident within 10 days to the South Carolina Workers’ Compensation Commission, which monitors the progress of the claim. However, the actual process can be much more complicated.
Common reasons for denying workers’ compensation claims
Workers are covered for all injuries that occur “in the course of employment” and “arise out of employment.” Courts have generally interpreted those phrases to mean that the injury occurred while the worker was engaged in some activity that conferred a benefit on the employer. Employers often deny that an injury was work-related under these circumstances:
- The injury is due to the employee’s willful misconduct, such as horseplay.
- The injury was an act of deliberate self-harm.
- The accident was due to the employee’s intoxication from alcohol or illegal drugs.
- The injury was the result of a deliberate attack on the employee for personal reasons.
Whether your injury qualifies as work-related depends on various facts and the context. For example, an accident that occurs at a company party or picnic can be work-related if facts support a conclusion that the event was not strictly social. An experienced and knowledgeable workers’ comp attorney can help you build a persuasive case to appeal your claim and get the benefits you deserve.
Contact a knowledgeable workers’ comp attorney in Murrells Inlet to manage your appeal
The Law Offices of David L. Hood provides determined legal representation to appeal denied workers’ compensation claims and resolve other issues that block access to your full benefits. To schedule a free consultation, call us at 843-491-6025 or contact our Murrells Inlet office online.