North Carolina and South Carolina Workers’ Compensation Attorney
Workers’ compensation covers certain expenses and losses after an employee is injured in an accident at work. Even though most companies are required to have workers’ compensation coverage, the insurance companies are not willing to pay for an injury unless they are certain that it happened while the employee was at work. If insurance companies can find a reason to not pay a claim, they will. Fortunately, workers’ compensation claims that are denied can be appealed.
Attorney Brian Steed Tatum has worked with many injured employees in North Carolina and South Carolina during their workers’ compensation claim. An injured worker deserves to have an attorney on his or her side to completely explain and offer guidance regarding his or her appeal for the workers’ compensation claim.
Workers’ Compensation Appeals
The North Carolina Industrial Commission (NCIC) works to implement the North Carolina Workers’ Compensation Act. When a workers’ compensation claim is denied, the employee has the right to a hearing with the NCIC. This hearing is not the same as filing a lawsuit in court. Instead, the NCIC will make formal decisions regarding whether the injury is covered under the Workers’ Compensation Act.
First, there will be a mediation conference with the NCIC. Both the employee and the employer can choose the mediator, but if no agreement is reached, the NCIC will appoint a mediator. The mediator is tasked with recommending to the parties if the claim should be covered. A formal report will be filed with the NCIC. If the parties cannot come to an agreement after mediation, then either party can request a formal hearing with the NCIC. If either party does not agree with the decision of the NCIC, they can appeal to the North Carolina Court of Appeals.
The Workers’ Compensation Commission (WCC) is the agency that administers the Workers’ Compensation Act in South Carolina. In South Carolina, when a workers’ compensation claim is denied, the injured worker can file a hearing request with the WCC to have the claim heard before a commissioner. The injured worker may be required to see a doctor selected by the WCC before the hearing date and that doctor will testify about the worker’s medical condition at the hearing.
After the hearing, an order is issued. If either party disagrees with the order, they can appeal the decision. The second level of review is a Commission Review. Here, there is a panel of three commissioners who preside over the hearing and issue an award. If a party does not agree with the decision of the WCC at this point, the party can file a lawsuit in the South Carolina Court of Appeals.
Consult with an Experienced Workers’ Compensation Attorney
Workers’ compensation claims can be a complex process. Having to appeal a denied claim can be even more tiresome. At the Tatum Law Firm, we understand that you need to have someone on your side to fight for your claim while you focus on healing. Attorney Brian Steed Tatum has experience in dealing with workers’ compensation claim appeals in North Carolina and South Carolina. His dedication will help ensure that you receive the most compensation possible for your on-the-job injuries.
For a free case evaluation, please contact our office at (704) 307-4350, or reach out to us online so that we can help you or a loved one with your workers’ compensation claim.