Rock Hill Workers’ Compensation Lawyer
The right to earn a living free from the fear of injury is central to the laws in Rock Hill and throughout the state. While some jobs are naturally dangerous, workers should still be able to have peace of mind, knowing that they are protected by a workers’ compensation insurance policy. In fact, all employers with at least four employees are required to obtain these policies. Workers’ compensation provides medical care and income reimbursement in case of an on-the-job injury.
However, obtaining the full extent of these benefits can be complicated. Insurance companies and employers may argue that your injury is not work-related. Other cases may see insurers offering a settlement package that is insufficient for your needs. Always remember that all employees have the right to appeal a denial.
A Rock Hill workers’ compensation lawyer could help you seek the full workers’ compensation benefits you deserve. This includes helping you file an initial claim and examining the reasons for any denial.
Common Reasons for Work Injury Claim Denials
Workers’ compensation insurance is designed to cover any on-the-job injury that that leaves an employee unable to work. While this appears to be a simple concept, the law allows insurance companies many potential paths to issue a denial.
First, it is important to understand what an injury is under workers’ compensation laws. According to South Carolina Code §42-1-160, an injury includes only harm that arises in the course of employment.
Additionally, claimants cannot point to a mental health condition as an injury unless the workers can prove that the mental illness is out of the ordinary for their profession and was caused by performing their job. Stress injuries, such as heart attacks, can only serve as an on-the-job injury if they relate to performing one’s job and not, for instance, stress related to one’s job security.
Insurance companies may also dispute whether the injury happened on the job. To qualify for workers’ compensation, the accident must have occurred during working hours while the employee was performing normal job duties. Slips and falls in parking lots, injuries sustained while on break, and even injuries that happen while getting into uniform are all exempt from workers’ compensation coverage. A Rock Hill workers’ compensation attorney could help victims examine the reasons for their denials and prepare a case for an appeal.
Steps to Take Following a Denial
A denial of benefits or a rejection of a benefits package is not the end of a workers’ compensation case. Both workers and employers can appeal any decision made by a workers’ compensation insurance company. To begin the process, an employee must complete and submit Form 50. This form requires detailed information about the employee, their injuries, and how the injuries occurred.
Once a worker submits this form, the Commission would schedule an informal hearing. This is a chance for both parties to state their claims and potentially come to a settlement. If this fails to bring a resolution, the Commission could hold a formal appeal. At these appeals, a commissioner may hear all the evidence and make a binding decision. Rock Hill lawyers who focus on workers’ comp claims could help employees navigate the appeals process and fight for their benefits every step of the way.
How A Rock Hill Workers’ Compensation Attorney Can Help
Suffering an injury at work is often demoralizing. Not only will you require medical treatment, but you may lose out on significant income. Thankfully, most employers in the state are required to obtain a workers’ compensation insurance policy. However, the administrators of these policies may prove difficult to work with.
A Rock Hill workers’ compensation lawyer at Schiller & Hamilton could help if your claim was denied. They could examine the reasons for the denial, create a plan to appeal, and fight to bring you full compensation. Call today to schedule a consultation with an attorney.