The workers’ compensation hearing process in South Carolina is a legal proceeding intended to settle workplace injury disagreements between workers and their employers. When your claim has been denied or underpaid, a hearing is your next option.
A Commissioner of the South Carolina Workers’ Compensation Commission will hear your case, as well as arguments from your employer, and make a determination. It is smart to get help from an attorney when going through the hearing process.
An Aiken workers’ compensation lawyer can help build your case and represent you at the hearing.
Why Request a Workers’ Compensation Hearing?
In South Carolina, a workers’ compensation hearing becomes necessary if you’re unable to resolve an issue with your employer or their insurance provider through discussions or negotiations. If your claim has been denied, pursuing a hearing is your next move to obtain the benefits you require.
However, there can be other reasons for workers’ compensation hearings as well. For instance, this process may be worth pursuing when your benefits are less than you believe they should be or when your employer is questioning the legitimacy of your injury.
A workers’ compensation hearing is your chance to present evidence and arguments that prove your case and get the compensation you need. While the process may seem intimidating, with the help of your attorney, you can assemble a strong case.
Is Hiring an Attorney Necessary for a Workers’ Compensation Hearing?
While no rule says you must have an attorney for the workers’ compensation hearing process in South Carolina, it’s likely in your best interests to do so. Remember, you will be going up against your employer and their insurance company. That’s not a fight you want to take on alone.
A lawyer who knows workers’ comp laws and regulations in South Carolina can help you understand the process, file the appropriate paperwork, and gather evidence to make your case. Then, they can represent you during the hearing itself.
How Do You Request a Workers’ Compensation Hearing in South Carolina?
To request a hearing, you must complete and file Form 50 with the South Carolina Workers’ Compensation Commission. This form serves as notification of your formal claim and request for a hearing to all parties.
When filing, be sure to:
- Indicate that a hearing is requested.
- Include detailed information about your injury, treatment, and lost wages.
- Serve copies to your employer and their insurer.
- Look to your attorney to check that everything is completed properly.
Once filed, the Commission assigns a Commissioner and sets a hearing date, typically within three to five months, depending on the Commission’s schedule. Before the hearing, both sides can exchange evidence and take depositions.
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What Happens at a Workers’ Comp Hearing in South Carolina?
Your hearing will be held before a Workers’ Compensation Commissioner. It will usually take place in a courtroom in or near the county where the injury occurred or where you live.
During the hearing, both sides make arguments and present evidence, including medical records and witness testimony. You may be required to testify about your injury and how it has affected your ability to work, which could involve cross-examination.
What Happens After the Workers’ Compensation Hearing?
After the hearing, the Commissioner evaluates the case and issues a written Decision and Order, generally within 30 days, though it can take longer. This decision outlines whether benefits are granted and details what the employer or insurer must provide.
If the Commissioner rules in your favor, the insurance company must comply by paying benefits.
If your claim is denied or partially granted, you have 14 days to file an appeal with the Full Commission.
Should the Full Commission uphold the decision and you still disagree, you may pursue further appeals with the South Carolina Court of Appeals.
How Do You Win a Workers’ Compensation Hearing?
Success during the workers’ compensation hearing process in South Carolina depends on evidence, credibility, and legal preparation. The advice of a skilled attorney is essential when building your case.
Your lawyer can help you understand how to include appropriate evidence, such as detailed medical records linking your injury to your job. They will know what additional evidence to include, such as pay stubs, accident reports, and witness statements.
Your attorney will prepare you for cross-examination and help you present your story in a way that shows you are honest and consistent with details. The guidance of a knowledgeable lawyer gives you the peace of mind that your case is being handled correctly and professionally.
Get Help With Your South Carolina Workers’ Compensation Claim
If your workers’ compensation benefits have been denied, don’t give up hope. Through the workers’ compensation hearing process in South Carolina, you can fight for the benefits you deserve.
Your employer and their insurance company will have attorneys who will work hard to prove their case and deny your claim. When you hire a knowledgeable workers’ compensation lawyer, you level the playing field.
Our team at John Foy & Associates has more than 350 years of combined experience advocating for injured workers. Let us put the Strong Arm™ to work for you. Contact us today for a free consultation.
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