Filing a South Carolina Workers’ Compensation Appeal
If your employer disputes your claim that an injury occurred on the job or that you are entitled to workers’ compensation coverage, the South Carolina Workers’ Compensation Commission is charged with resolving the dispute.
Many injured workers try to represent themselves at the initial hearing, then want to hire a workers’ compensation lawyer when they are dissatisfied with the decision. However, it may be hard to find a qualified workers’ comp attorney who will get involved starting in the appeals process. Why? The injured worker may have unwittingly stacked the deck against his or her own case through missteps in the initial hearing. Generally, a party is not allowed to introduce additional evidence as part of the appeal so if an unrepresented worker failed to submit supportive medical or vocational evidence at the evidentiary hearing, he or she will not be able to get this evidence considered later.
The experienced workers’ compensation attorneys at the Joye Law Firm will help you pursue a workers’ compensation claim from the initial hearing through the appeals process. Since 1968 we have helped injured workers like you establish an evidentiary record to give you the best chance of winning your case and successfully appeal unfavorable decisions and obtain full benefits and medical coverage so you can regain control of your life.
Joye Law Firm has offices in Charleston and Myrtle Beach. We have successfully represented injured workers all over the state, including North Charleston, Mount Pleasant, Goose Creek, Summerville, and Moncks Corner.
To discuss your workers’ compensation appeal, call Joye at (888) 324-3100 or fill out our free online case evaluation form.
Filing Workers’ Compensation Appeals in South Carolina
One of the seven appointed South Carolina workers’ compensation commissioners will hear your workers’ compensation case initially if you have a dispute with your employer or the employer’s workers’ compensation insurance carrier about your claim. Within 14 days of the date of the decision, you may file an appeal, asking that a three-member panel of the commission review the decision. If good grounds are shown for the appeal, the SC Workers’ Compensation Commission will reconsider the evidence and hear again from the parties in the dispute. If exceptional circumstances exist, the Commission may agree to receive further evidence but this request is rarely granted.
If you disagree with the decision of the Commission’s appellate panel, you may file a further appeal to the South Carolina Court of Appeals. The notice of appeal must state the grounds of the appeal or alleged errors of law. It must be filed within 30 days of receipt of the decision of the commission’s award. During an appeal from the commission to the Court of Appeals on a point of law, your employer is required to make weekly payments of compensation and to provide medical treatment ordered by the commission until the legal questions are settled.
South Carolina’s workers compensation law doesn’t require that you have a lawyer to represent you at the workers’ compensation commission hearing or during the appeals process. But you should, and the earlier in the process an experienced worker’s comp lawyer is involved, the better. The South Carolina workers’ compensation system is complex and filled with pitfalls. Too often we’ve had injured workers come to us after signing a settlement agreement because they realized too late that they failed to include language to protect medical coverage or Social Security Disability benefits. You can be sure that your employer or their insurance company will have an experienced defense attorney representing their financial interests. You should have a highly qualified workers’ compensation lawyer advocating on your behalf.
The important lesson is: Don’t start the workers’ compensation hearing process in South Carolina without a knowledgeable workers’ compensation attorney at your side. Don’t wait until you’re filing an appeal to seek legal representation. What happens at the initial hearing may control what points of evidence may be considered during an appeals hearing. Without the guidance of a knowledgeable workers’ compensation attorney, an injured worker may overlook key medical records or testimony and be stuck with the record of evidence created at the initial hearing.
Contact a South Carolina Workers’ Comp Lawyer Today
The experienced South Carolina workers’ compensation attorneys at the Joye Law Firm will help you understand all the workers’ compensation benefits to which you are legally entitled and file appeals to help you obtain them. Since 1968, we have helped injured workers just like you through all stages of the workers’ compensation appeals process so you can regain control of your life.
One of our workers’ compensation attorneys will work diligently to meet with you at no charge and explain your legal options. Joye Law Firm has offices in Charleston and Myrtle Beach. We have successfully represented injured workers all over the state, including North Charleston, Mount Pleasant, Goose Creek, Summerville, and Moncks Corner.
To discuss your claim, call Joye at (888) 324-3100 or fill out our free online case evaluation form.