Navigating the Workers’ Comp Process

Navigating the Workers’ Comp Process

Navigating the Workers’ Comp Process injured worker on construction site

Reaching a Positive Conclusion of Your Workers’ Comp Claim

Workers' comp pays for medical expenses and lost wages for employees who become ill on the job or are injured at work. Employees working for a company with four or more employees in South Carolina must be covered by workers' compensation insurance. Under the South Carolina Workers’ Compensation Act, an injured employee can recover compensation for their medical costs, temporary compensation for the time they miss from work, and permanent or temporary disability benefits if needed. Although this coverage is mandatory, you may need help navigating the worker's comp process in order to be successful with your claim.

If I’m Injured, Can I Use My Own Doctor?

You can only be treated by doctors selected by your employer under South Carolina law. You are responsible for the cost of your medical care if you go to your own doctor without permission from your employer unless it is an emergency situation. You can pick the physician that evaluates you for a disability, but your employer doesn’t have to cover that expense.

What to Do After an Injury on the Job

The first thing a worker has to do is notify their boss or supervisor that they have been injured. They will then receive an injury claim form from their employer or supervisor. A worker's claim is filed with the state workers' compensation board once he or she completes and returns the form to their employer.

What if My Claim is Denied?

In South Carolina, claims can be denied for a number of reasons. However, you do have the right to appeal by filing a Form 50, and an SC workers’ comp lawyer can help you file and get the benefits you deserve. A request for a hearing is placed directly with the commissioner’s judicial department. In the appeals process, a hearing can be held for the following reasons:

  • The employer did not report the injury or accident.
  • The employer denied the claim.
  • The employer said the injury was not work-related.
  • The worker thinks they didn’t receive all the benefits they should have.

At the Commission Appeals Hearing

During the hearing, one commissioner for workers’ comp will listen to how you suffered an injury and decide whether you are entitled to benefits. If your claim is denied, you can still appeal the decision to the full commission within 14 days. To file this appeal costs around $150 but can be waived. If the commission still denies your claim, your case can be taken to the SC Supreme Court. 

Because navigating the South Carolina workers’ compensation system can be complicated, being represented by a lawyer who is familiar with the ins and outs of the system is important. Claims can be refused for a number of reasons, including:

  • You were injured outside the work area. However, if you were on company business, you would be covered.
  • It is being argued that the injury was due to a preexisting condition.
  • Your medical provider was not preapproved by your employer.
  • Your claim was filed late.

A workers’ comp attorney can advise you, guide you and help with filing the necessary documents to avoid a denial. If your claim has already been denied, they can help you file an appeal and improve your chance of reaching a successful conclusion to get you the benefits you deserve. 

Morris Law in South Carolina

If you are injured on the job, you may be able to file a workers’ comp claim. Call Morris Law at (843) 232-0944 or contact us online. We will be able to set up a free case review where we can examine your case, answer your questions and give you your options going forward. 

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What Our Clients Say

Thank you so much for your advice! I highly recommend him! Mr. Morris was extremely helpful with helping me understand the situation.
What seemed very confusing to me he actually broke everything down so I could understand what everything meant. Thank you so much for your advice! I highly recommend him!

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The knowledgeable staff was friendly and helpful. Leigh Anna answered my calls and e-mails promptly and with clear answers. Jeff and his staff were able to help me with all my legal needs.
I appreciate the time and energy that they put towards my case. Anyone looking for legal advise would be well advised to hire The Morris Law firm.

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I contacted Morris Law after I was injured from a fall at Dollar General. Mr. Morris took my case and immediately began to give the help and guidance I needed. He was able to get me treatments and physical therapy that I would not have been able to get on my own. I was also able to stop working and concentrate on getting my injuries taken care of. We have settled after a long battle and I am pleased with the outcome. I want to thank Mr. Morris and his very capable staff for the great treatment . I recommend Morris Law for your needs.

Vivian Hancheck

Wonderful people. I don’t even know where to begin. From the moment I called to schedule an appointment to our last meeting, Morris Law has been nothing but professional and helpful as I needed help navigating legal matters.

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The staff at The Morris Law firm has been great. I had many questions leading up to my decision on which law firm to use. My experience with everyone I had contact with was positive. They have multiple offices around the state of South Carolina. Highly recommend reaching on to Jeff and his staff if you made need a great lawyer. He has a whole team of professionals waiting to help you.

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I appreciate all that Morris Law Firm did for me. Very friendly, professional, and knowledgeable staff that helped during a difficult time.

Lindsey Rogers

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