Appealing a Workers’ Compensation Decision in Rock Hill
Appealing a workers’ compensation decision in Rock Hill is a safety net that allows a claim to be heard by a panel of three Commissioners who were not part of the original hearing. A commissioner may have made the wrong decision, or they may not have had all of the necessary information at the time. The claimant has an opportunity to appeal that decision to protect their rights. Sometimes, the collective wisdom of the appellate panel can lead to a favorable workers’ compensation decision upon appeal.
Reasons for Denied Claims
In Rock Hill, a workers’ compensation claim could be denied when the injury did not occur in the course and scope of the person’s employment. A workers’ compensation claim could also be denied if notice was not properly given to the employer. In South Carolina, an employee has 90 days to give notice to their employer that they suffered an injury at work. Drugs or alcohol intoxication, not following the proper medical protocol, or going to an unapproved doctor are also common reasons for a claim to be denied.
The insurance company may also deny a claim if there is insufficient evidence supporting the injured worker’s case. Medical documentation of a work-related injury is critical, and it is difficult to proceed with a claim without solid evidence. Medical records can help prove the injury, as can video surveillance footage showing the incident. An attorney could help gather any available evidence and compile it into a compelling claim or appeal.
Appeals Process in South Carolina
To appeal a denied workers’ compensation claim, a person must file a notice of appeal to the full Workers’ Compensation Commission. This notice must be filed within the appropriate time and served on the insurance carrier, the employer, and the attorney representing the employer and carrier.
The injured worker and their attorney have the opportunity to argue that the single commissioner erred and did not make the right decision. They ask the full commission to send the claim back for further findings at the single commissioner level or overturn the original decision. This process involves filing a brief, appearing before the panel of three commissioners, and presenting oral arguments.
Having an experienced attorney manage a workers’ compensation case can be critical, especially during appeals. Without a lawyer, it may be very difficult for an injured worker to present oral arguments and draft a brief that is persuasive enough to change the opinion or findings of the commissioner. Unrepresented workers may not have the legal knowledge or experience needed file the appeal properly and argue it successfully.
Discuss Your Appeal with a Rock Hill Workers’ Comp Attorney
If you were injured in a workplace accident and a Commissioner denied your claim, you may have another chance to obtain the benefits you need. With help from a Rock Hill attorney, you may be able to appeal your workers’ compensation decision and have it reviewed by a panel of commissioners. To discuss your case and learn more about how an attorney can help, call Schiller & Hamilton today.