Delay Can Result in Denial of SC Workers’ Compensation Benefits
If you get hurt on the job in South Carolina, there’s a good chance you are eligible for workers’ compensation benefits – and every employer with four or more employees is required to provide workers compensation insurance.
The state doesn’t even care whose fault it was – if your injury is the result of your own mistake or negligence, you can still file a claim.
But, that doesn’t mean you can sit back, do nothing, and wait for the system to take care of you. There are a few things you need to take care of immediately.
Call Your Workers’ Comp Attorney and File Your Claim – The Clock Is Ticking
Obviously, the first thing you should do is get the medical care you need. Putting this off could result in a more serious injury and can make it easier for your employer to deny your claim.
Then, you need to immediately report your injury to your employer, contact your workers’ comp lawyer, and file your claim. Waiting to do this can have disastrous consequences.
In Harrison v. Owen Steel Company, the SC Court of Appeals upheld the denial of a workers’ compensation claim made by a steel worker who injured his neck. The denial was, in part, the result of Harrison’s delay in filing his workers comp claim.
Did Harrison hire a workers’ compensation attorney immediately after his injury? His attorney would have made sure the claim was filed without delay and that his injuries were documented. When you don’t delay in filing your claim, it is less likely to be denied.
Harrison’s claim also was denied because he had previously been compensated for a different injury to the same body part, even though the current claim was a new injury.
This highlights not only the importance of filing your claim without delay, but also the importance of carefully documenting the nature and extent of the current injury so that future claims are less likely to be denied.
Be Prepared – Your Employer May Fight Your Claim
The workers’ compensation system is designed to make sure that you are covered if you are hurt while on the job. But, you still must meet deadlines, provide meticulous documentation, and build your case.
It is important to remember that employers often contest workers’ compensation claims. They may argue that:
- The worker didn’t file the claim soon enough;
- The worker doesn’t need medical care;
- Time away from work isn’t medically necessary;
- It was a pre-existing injury; or
- The injury didn’t really happen at work.
If this happens, you will find yourself up against professionals who have fought many claims like yours. You will have to struggle to prove your claim in an unfamiliar, complicated, bureaucratic process – this is one more reason to contact your workers comp attorney as soon as possible after your injury.
Myrtle Beach SC Workers’ Compensation Lawyers
Your SC workers’ compensation attorney at the Lovely Law Firm can help you by making sure that you do not miss deadlines, collecting the appropriate medical and employment records, and getting help from medical and vocational experts to prove the severity of your injury.
If you need help filing your SC workers’ comp claim, negotiating your claim, or appealing an unfair denial or termination of your workers’ comp benefits, call us today at (843) 839-4111 or fill out our online form to schedule a free consultation and case evaluation.