If you’ve been injured on the job in Greenville, South Carolina, you are facing a lot of challenges. You may be out of work for a substantial amount of time, with the bills just piling up. You may have to be hospitalized, require surgery and physical rehabilitation, and dozens of doctor’s appointments and expensive prescriptions. You may even end up with a permanent disability.
It is at this time that you are in most need of the workers’ compensation benefits that are owed to you. In most cases, you’ll get them. You’ll receive wage benefits at 2/3 of your average weekly wage (AWW) after seven days of being out of work. You’ll have a company approved physician who is being paid for by the workers’ compensation medical benefits. Your prescriptions will be covered. Any hospitalization, rehabilitation, surgeries, and other treatment will be covered. You can even get coverage for your mileage to and from appointments in some cases.
But what happens if none of this comes to pass because your workers’ compensation claim was denied? How can you face the challenges associated with your injuries and mounting debt if you don’t get the coverage that you are rightfully owed? Most people who suffer from work related injuries and then have their claims denied are caught completely off guard, because that’s not at all how you expect the situation to go. You may wonder if there’s anything that you can do about it, if it is worthwhile to hire an attorney, request a hearing, appeal the decision. The first thing you should do in this case is seek a FREE consultation with a workers’ compensation attorney at Bryan Ramey & Associates to see if we can help.
Today, we’ll discuss the very topics that we’re going to cover at your FREE consultation, so you can have a head start in knowing what to expect and what issues need to be addressed.
Determining the Reason that Your Workers’ Comp Claim was Denied
There are many different reasons why your workers’ compensation claim might have been denied, and we’ll need to figure this out before we can discuss the next steps. If your claim is denied for a valid reason, then there isn’t much you can do about it. For instance, if you were intoxicated when the incident occurred or if you failed a drug test, then there may be nothing that you can do. If you were not actually injured while performing work related tasks, then this too could be a dead end. Yet, if your claim was denied because you caused your own injury, due to a mistake, rather than gross negligence, then you may have been wrongfully denied. If your claim was denied because your employer mislead you concerning the filing process, then this too could be addressed with an appeal or a hearing.
Appealing Your Workers’ Compensation Claim Denial
After establishing why your claim was denied, you are better equipped to move forward in appealing that decision. You can start by talking to your employer about the process and ensuring that no mistakes were made in the paperwork. You can then contact an attorney to ensure that you successfully make it through the process of appealing the decision. If successful, appealing the decision could result in recovering all of the benefits that you should have received sooner in addition to the ongoing benefits you’ll continue to need.
Filing Your Workers’ Compensation Claim Correctly the First Time
The best thing you can do when it comes to filing a workers’ compensation claim in Greenville, South Carolina is to get it right the first time. This means that you need to report your injury, in writing (usually with an incident report) right away, or at least within 90 days (legally). You also need to be aware of the most common mistakes that people make with workers’ compensation claim. For instance, some people don’t seek the medical treatment that they need immediately after the incident, making it harder to prove that a work accident caused it. Some people fail to report a work accident, for various reasons, which could make it hard to prove that the incident even occurred. There are cases where people seek medical care from a physician who is not approved by the company or insurance policy, meaning that these expenses won’t be covered.
There are even more cases where the victims of work related injuries fail to maintain adequate records of their injury and recovery or simply don’t file their workers’ compensation claim in time. Even if you do file your claim in time (you have up to two years to do so), it still may be late enough in the game that it’s easy for your employer to argue that your condition was not caused by a work incident, but by some other unknown factor.
In some cases, the injured worker would rather avoid reporting the injury, avoid seeking medical treatment, and avoid taking time off of work. This is because most people don’t want to face the financial strain of waiting for a workers’ compensation claim to be approved. Unfortunately, many of these cases involve injured workers suffering more from the effects of their injuries, eventually becoming unable to work, anyway, and having no recourse for compensation.
Don’t make these mistakes. Do things right the first time around, and you may be able to avoid the appeals process and/or the challenges of facing your work injury without any coverage or benefits at all. Report the incident immediately, in writing, and seek medical treatment from an approved physician without delay. If your employer doesn’t help you with your claim, then you need to initiate the claim yourself and/or contact a workers’ compensation attorney for help.
Bryan Ramey & Associates Can Help With Your Workers’ Comp Claim
Any time you encounter resistance in a Greenville, South Carolina workers’ compensation claim, whether your employer refuses to acknowledge it or the claim is denied, contact Bryan Ramey & Associates to find out how we can help. We are here to answer all of your questions and guide you through the appeals process. If you need to request a hearing, we can help. If you need to fight for the compensation that you deserve, then we are here for you. Call a skilled workers’ compensation lawyer in Greenville, SC today for a FREE consultation and get your questions and concerns addressed.