Greenville Denied Workers Compensation Claim Lawyer

You count on workers’ compensation to help you get back on your feet and make ends meet after an on-the-job accident in Greenville. So, what happens when your employer or their insurer denies your claim, leaving you without the medical care and wage-loss benefits you’re entitled to?

South Carolina law provides a pathway for you to appeal that decision and prove that your claim is valid and should be paid accordingly. However, the process is complicated, and one false move could leave you right back where you started.

Don’t make the mistake of appealing your workers’ comp claim denial alone. Instead, get help from an experienced law firm that knows all aspects of the appeals process and can effectively represent you throughout it.

Contact The Melonakos Law Firm today to schedule a free consultation with a Greenville denied workers’ compensation claim lawyer and find out what we can do for you.

Why You Need Us If Your Workers’ Comp Claim Was Denied

The workers’ compensation system provides essential protections for South Carolinians who are injured on the job – at least it does when it works. When the system doesn’t work as it should, it can cause injured workers to give up on their rights or become trapped in a confusing web of bureaucracy.

If you’ve found yourself in this situation, don’t try to free yourself alone. Instead, turn to The Melonakos Law Firm for help.

Why choose us? Because we offer:

• Compassionate support 
• Commitment to results
• Direct access to your lawyer whenever you need us
• Experienced and aggressive representation
• A track record of results, including $50 million in recoveries

Here’s what one satisfied client had to say about the experience of working with our firm:

Common Reasons for Workers’ Compensation Claim Denials

There are many potential reasons a workers’ comp claim could be denied, and some of them could be legitimate. However, insurers and employers often have a vested interest in minimizing the costs associated with workers’ compensation claims, which can lead to legitimate claims being denied or disputed. Insurers will scrutinize every detail to find reasons to reject a claim, which can leave injured workers without the benefits they deserve.

Here are some common justifications insurance companies assert for denying workers’ compensation claims:

• The injury did not occur during work-related activities. The insurer may argue that the injury happened outside the scope of employment or while the worker was engaging in non-work-related tasks.
• The injury was not reported promptly. Failing to notify an employer of an injury within the required 90-day time frame can be grounds for denial.
• No medical evidence supports the claim. Insurers may allege a lack of sufficient documentation linking the injury to workplace conditions or events.
• The worker was under the influence of drugs or alcohol. Workers’ compensation does not cover accidents resulting from substance use.
• The worker violated company policies. An employer may argue that the worker ignored safety protocols, which was the cause of the injury.
• The worker’s condition is pre-existing. An insurer may claim the injury or illness is unrelated to workplace activities and stems from a prior medical condition.
• The worker is an independent contractor. Workers who are not considered employees may not be eligible for workers’ compensation benefits.
• The claim is fraudulent. An insurer can deny a claim if it uncovers evidence of exaggeration or fabrication.

Keep in mind that you can contest the insurance company’s assertion of these and other reasons for denying your claim. Our workers’ compensation attorneys are ready to help you assert your rights during a workers’ compensation appeal.

Understanding Your Rights After a Workers’ Comp Denial

If your employer has not submitted your claim, your claim has been denied, or you are not receiving the benefits you feel you are entitled to, South Carolina law gives you the right to file an appeal with the Workers’ Compensation Commission. Critically, you also have the right to hire legal counsel for your appeal.

The workers’ compensation system can be confusing and bureaucratic, even when it ultimately works as intended. Injured workers can best navigate it with the assistance of an experienced workers’ compensation lawyer.

Steps to Appeal a Workers’ Compensation Claim

Are you interested in appealing a workers’ comp denial in Greenville, SC? Here are some steps you can take to do so:

• Consult an experienced workers’ comp lawyer at The Melonakos Law Firm. There’s a good chance that your claim was denied initially because of a mistake in the process. Rather than risk more errors during the appeals process, consider speaking with our experienced attorney who handles claim appeals. We can review your initial claim to determine what may have led to the denial and then prepare an effective appeal.
• Gather evidence. Once you or your attorney has identified the reasons for the denial, you’ll want to gather evidence refuting the insurer’s decision and bolstering your side of the story. That could include testimony from co-workers about what happened, medical documentation you forgot to include initially, or time cards proving you were at work at the time of your injury, as just a few examples.
• Request a hearing. The process of appealing the denial formally begins with the completion and filing of Form 50 with the Workers’ Compensation Commission. During the hearing, a single commissioner will hear testimony, review evidence, and issue a decision based on their findings. Note that there is a $50 fee for filing the form.
• Appeal the single commissioner’s decision. If you are dissatisfied with the single commissioner’s decision in your case, you may file Form 30 within 14 days to appeal that decision to an appellate panel of commissioners or the full commission. There is a $150 filing fee for doing so.
• Continue the appeal. If the appellate panel of commissioners or full commission denies your appeal, you have 30 days to bring your case before a circuit court.

How The Melonakos Law Firm Helps with Denied Workers’ Comp Claims

Was your workers’ comp claim denied in Greenville? You don’t have to take that decision lying down. Instead, you can fight back and assert your rights with the help of the experienced, compassionate legal team with The Melonakos Law Firm.

Contact us today to speak with a Greenville workers’ compensation appeals lawyer in a free consultation that comes with no further obligations on your part.