Covered employees in South Carolina who suffer an on-the-job injury or develop an occupational illness are entitled to workers’ compensation benefits. However, employers sometimes contest a worker’s eligibility for benefits or the amount they should receive, which can require a hearing to resolve the dispute.
How often do workers’ comp cases go to a hearing? The South Carolina Department of Insurance received, processed, and assigned 10,165 cases in a single year, resulting in 642 hearings – a hearing rate of about 6 percent, according to a recent annual accountability report from the Workers’ Compensation Commission.
Although most workers’ comp cases do not require a hearing before the South Carolina Workers’ Compensation Commission, a hearing may be necessary when an injured employee and their employer or insurance provider disagree on some aspect of the employee’s claim.
Why a Workers’ Compensation Case Goes to a Hearing
A workers’ compensation case may need to go to a hearing when an employee and employer or workers’ compensation insurer cannot resolve a dispute over some aspect of the employee’s benefits claim, such as the employee’s entitlement to benefits or the specific amount of benefits they should receive.
After a hearing, the South Carolina Workers’ Compensation Commission can issue a binding decision resolving the dispute.
What Issues Can Cause a Workers’ Compensation Case to Go to a Hearing?
Some of the top reasons why a workers’ compensation case goes to a hearing in the South Carolina system include:
- Injury disputes – The employer or workers’ compensation insurer denies that an employee sustained an injury or denies that the injury occurred in the course and scope of the employee’s work.
- Medical treatment disputes – The parties dispute the necessity or reasonableness of proposed medical treatment, including rehabilitation, surgery, or medication.
- Benefit disputes – The parties dispute the correct amount of temporary or permanent disability benefits, based on the worker’s pre-injury wages.
- Return to work disputes – An employer or insurer seeks to terminate a worker’s disability or medical benefits, claiming that the worker has fully recovered or recovered enough to return to work.
How Long Does a Workers’ Compensation Hearing Process Take?
Once an employer, insurance company, or employee requests a hearing with the South Carolina Workers’ Compensation Commission, the Commission will usually schedule a hearing with a commissioner several months out.
The average processing time is 35 days, with a hearing docketed in 98 days on average. The hearing itself can last up to half a day or more, depending on the amount and complexity of evidence, witness testimony, and arguments presented.
Once the hearing occurs, it can take several more months for the commissioner to issue a decision.
Get Help from an Experienced Workers’ Compensation Attorney Now
Contact Jebaily Law Firm today for a free consultation with a knowledgeable lawyer to learn more about what happens at a workers’ comp settlement hearing. Our team has decades of experience helping injured workers navigate the South Carolina workers’ compensation system. We provide personalized guidance and vigorous advocacy for clients whose workers’ comp cases proceed to a hearing or settlement conference.
