6 Common Mistakes that Could Hurt Your Myrtle Beach Workers’ Compensation Claim

March 11, 2022

If you sustain a work-related injury in Myrtle Beach, SC, you have a right to seek compensation for any loss that may have been incurred due to the injury. Although the law guarantees you the right to seek compensation for your injury, the claim may end up being denied.

A rejected or denied claim arises from various situations. Often, the complexity of the claim process makes it difficult for victims to navigate easily. Also, the problem is compounded by both procedural and substantive mistakes made by a claimant during the claim process. In the same vein, the involvement of insurance companies, adjusters and investigators in the claim process makes it even more confusing.

That said, avoiding some of the common mistakes that claimants make is an imperative undertaking that helps ensure your claim is successful.

Here are the top mistakes to avoid.

Failure to Give Notice to Your Employer After Your Injury

The law provides that every injured employee should properly report the accident to the employer as soon as possible. South Carolina law provides a time frame of 90 days for employees to report the accident to the employer.

For this reason, employees who fail to report an injury within 90 days is a procedural error. As such, your claim may be quashed for being time-barred. In addition, the injury may become even more difficult to prove if it was reported late.

Failure to Provide Your Accurate Medical History to the Medical Providers

Following an accident, it is imperative to seek medical attention as soon as possible. In this regard, you are supposed to provide an accurate medical history of the physician during the medical examination. As such, the doctor can assess the extent of the injury in relation to the accident and make accurate findings.

In the same token, you are required to notify every doctor you see that your problems came from a work-related injury to prevent the workers’ compensation insurance from making an issue out of the fact you did not report it.

Legally speaking, the medical records provided by the doctor constitutes cogent evidence that supports the validity of your claim. As such, the often common mistake of giving inaccurate information to the doctor naturally harms your claim.

Therefore, you should always seek to provide a complete and accurate medical history to the medical providers.

Failure to File Form 50

Form 50 is one of the most important and relevant documents in any workers’ compensation case in South Carolina. Essentially, the role of this document is to notify South Carolina’s workers’ compensation commission and your employer that you are claiming workers’ compensation benefits.

That said, if you fail to file form 50 within the stipulated timeframe, your claim may be barred. Although certain exceptional circumstances relate to filing a Form 50, it is imperative to file the form as soon as possible.

To mitigate specific errors that may arise when filing a Form 50, it is imperative to consult a competent and qualified workers’ compensation attorney at David Aylor Law Offices who may shed light on the process and make the claim process successful.

Failing to follow the Doctor’s Orders

Following a work-related injury, your workers’ compensation insurance company may choose your doctor. Essentially, you are required to follow the doctor’s orders in terms of accepting medical treatment and attending all the scheduled medical appointments.

Often, victims of a work-related accident make the mistake of non-compliance with the doctor’s order. Such a mistake may be detrimental to your claim to the effect that the insurance company in Myrtle beach may suspend your benefits.

Trusting the Insurance Company

Insurance companies are notoriously known to take advantage of victims of work-related accidents. Often, they hire a private investigator and have you followed to gather sufficient evidence to disapprove your claim.

In the same vein, they may underestimate your average weekly wage when determining your compensation rate.

For this reason, it is imperative to avoid independent contact with the insurance company at all times while your claim is pending approval. As such, hiring a competent and qualified attorney at David Aylor Law Offices can help mitigate all the problems.

Failure to hire an Attorney or to hire the wrong Attorney

Effective legal representation is the pillar of success in any workers’ compensation claim in Myrtle Beach, SC. This is because the claim process envisions an adversarial system whereby the victim is pitted against a ‘vicious’ circle of insurance companies, adjusters and attorneys who work against them.

As such, hiring a workers’ compensation attorney is imperative because an attorney will save you the trouble of gathering witnesses and compelling evidence to support your claim. In the same token, an attorney will help safeguard your rights and your interests throughout the legal process.

Noteworthy is that there is a thin line between representing yourself and being represented by the wrong attorney. For this reason, it is imperative to exercise caution when choosing an attorney capable of handling your case.

Put briefly, you should choose an attorney who has the necessary skills and knowledge to handle your case from start to finish and, at the same time, understands the procedure and substantive aspects in relation to workers’ compensation within Myrtle Beach.

Injured in a Work-related Accident in Myrtle Beach? Contact a Workers’ Compensation Attorney

If you or your loved one sustained an injury due to a work-related accident, it is imperative to take the necessary steps to safeguard your rights. Sometimes, you may have a valid claim for compensation, but you lack proper guidance on how the claim process works. What’s more, you need to understand that a claim that has merit doesn’t always mean that you will obtain the amount of compensation you deserve.

As such, it would help to consult a reputable attorney who can establish a valid claim and ensure that you get the amount of compensation you deserve.

At David Aylor Law Offices, we have a reputation for handling workers’ compensation claims in Myrtle Beach. In this regard, we work hard to ensure that victims of work-related injury avoid making mistakes before and during the claim process, thus ensuring the claim is successful.

Call us now for a free consultation!

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