Workers’ Compensation Hearings

Filing a Charleston workers’ compensation claim should ideally be a simple process. You have been hurt while performing your work duties, your treatment is covered by your employer’s insurance, and you receive any necessary compensation for temporary or permanent disability. Unfortunately, employers and insurance providers alike are not always eager to pay workers what they are due.

If you have objections to the way your claim has been handled, you have the right to a hearing with the South Carolina Workers’ Compensation Commission. With the assistance of a qualified Charleston workers’ compensation lawyer, you can plead your case for better treatment. If the initial hearing does not resolve in your favor, you also have the right to an appeal.

Reasons to Request a Hearing

You can request a workers’ compensation hearing whenever your employer or their insurance provider has failed to treat you in accordance with legal regulations. Some common grounds for hearings include:

• The employer failed to report a workplace accident
• The compensation offered by the insurance company is inadequate
• An insurance claim has been unfairly denied
• The employer is contesting the claim (usually by stating the injury is not work related)
• The employee has missed over seven days of work but has not been compensated for it

The Process

At the hearing, you and your employer or insurance provider will both have the chance to state your cases before a workers’ compensation commissioner. He or she will weigh the evidence and issue whatever ruling he or she deems fair. This hearing generally takes place in the county in which the injury was sustained.

If you are not satisfied with the commissioner’s decision, you have the option of appealing. Your case will then be considered by a panel of three to six representatives from the South Carolina Workers’ Compensation Commission. Again, they will listen to you and the defendant, then issue a decision. If this decision is still not right, another appeal may be heard by the Court of Common Pleas and the State Appellate Courts. There are no further courts in which to appeal a workers’ comp claim.

Contact Us

Arguing against your employer or insurance provider in court can be a complicated and stressful undertaking. A Charleston workers’ compensation appeal lawyer from the Steinberg Law Firm can help you maximize your chances of success. Contact us today at 843-720-2800.