Murrells Inlet Attorney Manages South Carolina Workers’ Compensation Appeals
Knowledgeable representation through every step of the process
If you’ve been hurt on the job, your workers’ compensation benefits may be your only defense against severe financial hardship. If your claim is denied, the safety net you were relying on is gone and you’re in freefall. Fortunately, the Law Offices of David L. Hood can help. For more than 25 years, we have provided determined representation for denied claims and other types of disputes, so our clients can access the benefits they deserve. If a controversy arises with your claim, treatment plan, disability rating or disability settlement, we have the knowledge, skill and experience to fight for the positive results you need.
Appealing a workers’ compensation decision in South Carolina
All appeals of denied claims start with the South Carolina Workers’ Compensation Commission, the state agency that oversees the benefits program. There are potentially many levels of appeal before the decision is final:
- Request for hearing — Your appeal begins when you file a hearing request with the Judicial Department of the state Workers’ Compensation Commission along with a filing fee of $25. A commissioner presides over your hearing, listening to evidence from both sides. After your hearing, the commission issues an order. If the decision affirms the denial of your claim, you move to the next level.
- Commission review — Within 14 days of receiving the commissioner’s decision, you may file a Request for Commission Review along with a filing fee of $150. A panel of three commissioners hears your case. The panel’s decision is called an “award.” You later receive a notice of award along with the commission’s summation of the facts of your case and its legal rulings. If the commission finds your appeal was “without merit,” meaning you had no reasonable basis for submitting an appeal, it can charge an additional fee of $250. If you disagree with the award, you can appeal again.
- Filing a lawsuit in the Court of Appeals — Within 30 days of the date of your award, you can file an appeal in the South Carolina Court of Appeals. Filing fees apply.
- South Carolina Supreme Court — Your last chance to appeal is to the state Supreme Court. However, the right of appeal is not automatic. The Supreme Court hears cases at its discretion and can decline to hear you, so the Court of Appeals decision will stand.
We cannot overstate the importance of hiring a capable and experienced attorney to manage your appeal. As you can see, deadlines come fast, so there’s no time to learn on the job. Your attorney must respond to the commission’s findings of fact, application of statutory law, and interpretation of precedent with a logical and persuasive argument. This means skillfully writing petitions and delivering compelling oral arguments. This is no task to take on yourself or to entrust to an inexperienced lawyer, especially when an accomplished workers’ compensation appeals lawyer is only a phone call away.
Contact a seasoned workers’ comp attorney in Murrells Inlet to appeal your denied claim
The Law Offices of David L. Hood provides trustworthy representation to appeal denials of workers’ compensation claims throughout southeast South Carolina. To schedule a free consultation, call us at 843-491-6025 or contact our Murrells Inlet office online.