Workers’ Compensation Case Process in Greenville

Have you sustained a workplace injury and now need to know about navigating workers’ compensation? When you get injured on the job, dealing with all the paperwork can feel overwhelming. You likely have many questions that need answers. We understand and want you to know that we are here to help you understand more about the workers’ compensation case process in Greenville, including the steps you need to take and what happens if it does not go your way.

Workers’ Compensation Process

When injured on the job, the most important thing for a person is to create a paper trail. This will protect the employees’ rights and allow them to get the help they need as they recover.

In Greenville, the process begins with notifying your employer of a work-related accident within 90 days of it occurring and seeking medical treatment as soon as possible. The doctor should be notified immediately that a workplace accident caused your injury or illness. The employer will notify their workers’ compensation insurance carrier when they are informed of the injury. They may also suggest a doctor for the injured employee to use.

After these steps are completed, the workers’ compensation process will begin. The first part is the claim review, which the insurance company handles. They will decide whether the injury was a workplace accident and accept or deny the claim.

The system works as intended most of the time. The injured worker is covered without complications and receives income from their employer as they recover. However, sometimes, claims are denied.

What to Do If a Workers’ Compensation Claim is Denied?

In general, all claims will be approved. Both S.C. Code Regs. § 67-1801 and § 67-1802 allow injured employees to use Form 50 to file a claim with the South Carolina Workers’ Compensation Commission and request mediation about the case with the commissioner.

After reviewing the facts of the case, the commissioner will issue a decision regarding benefits. If this, too, is denied, the person could appeal to the South Carolina Court of Appeals.

The best way to ensure the employee’s case is made clear to the commissioner or the judge is for the employee to have a legal team in their corner to protect their rights and help them maximize the compensation they receive.

Time Limits to File a Workers’ Compensation Claim

It is important to remember that a claim must be filed with the employer within 90 days of the injury. To take it further, a Greenville workers’ compensation claim should be filed within two years to meet the statute of limitations for these claims, according to the South Carolina Code of Laws § 42-15-40.

Our Greenville Attorneys Could Help You Navigate the Workers’ Compensation Case Process

Although the process is usually smooth, workers’ compensation is not always straightforward. Complications can come in many forms. Rejected claims, lower compensation, missed deadlines, and other issues can occur. We want the best for our clients and will work hard to make it happen.

Our dedicated legal team at Eller Frye Law Firm could guide you throughout the entire workers’ compensation case process in Greenville. Contact us today to schedule a free consultation and discuss your case with one of our knowledgeable legal professionals.