Workers’ Compensation is a complicated subject with confusing procedures and concepts. One of those confusing phrases is pay without prejudice, which refers to benefits you might get immediately after reporting a workplace accident.
Workers’ Compensation pay without prejudice refers to the initial benefits employees receive following workplace accidents in South Carolina. Insurance carriers can pay benefits to injured workers without accepting liability for their injuries. Such benefits can be terminated within the first 150 days of the employee’s first report of injury for various reasons. Injured workers can withdraw Workers’ Compensation claims without prejudice, meaning they can renew claims in the future once they are better prepared. To ensure you keep your initial benefits and get compensation for all losses related to your occupational injury or illness, our lawyers will gather evidence that supports your claim in South Carolina.
For help with your case from Burriss Ridgeway Injury Lawyers, call our South Carolina Workers’ Compensation lawyers now at (803) 451-4000.
What is Workers’ Compensation without Prejudice in South Carolina?
Pay without prejudice is a term that refers to an employer or insurer’s payments to an injured employee while a Workers’ Compensation claim is pending or when a claim has been denied and is going through the appeals process.
Workers’ Compensation carriers in South Carolina might make benefit payments to injured employees without prejudice following a workplace accident. This means that your losses may be supplemented for now but canceled for any reason. The carrier is paying you benefits while the claim is being processed but is not accepting any liability for your injuries.
This can happen at any point during the first 150 days following a workplace accident, according to Rule 67-504 of the South Carolina Workers’ Compensation Commission. If your pay without-prejudice benefits are stopped, you can request a hearing to dispute the carrier’s decision.
Upon receiving pay without prejudice benefits, an injured worker might think that their job is done, that they are getting Workers’ Compensation benefits, and that there is nothing else for them to do for their case. This is not true. Suppose your pay without prejudice is suspended or terminated, and you require additional compensation for your lost wages and medical damages. In that case, our Richland County, SC Workers’ Compensation lawyers can help you proceed with a hearing to appeal the carrier’s decision so that you resume getting the benefits you are entitled to. Under certain circumstances, employers can only terminate pay after the first 150 days of a workplace accident.
What if You Withdraw Your Workers’ Compensation Claim without Prejudice in South Carolina?
If an injured employee withdraws their Workers’ Compensation claim, it will be dismissed without prejudice, meaning they can refile without negatively impacting their future case.
Workplace accidents might result in serious injuries, requiring victims to get extensive surgeries, deal with lengthy recovery times, and grapple with the emotional impact of being unable to work. Because of this, victims might not always be in the best position to pursue a Workers’ Compensation claim or go through with a hearing with a Workers’ Compensation judge, should the case go that far. Victims who did not expect to need to provide evidence or other compelling information to support their case might be unprepared for a hearing.
So, according to Rule 67-609(b) of the South Carolina Workers’ Compensation Commission, a claimant can withdraw their request for a hearing to appeal a decision made by their employer’s Workers’ Compensation without prejudice. This means that you can proceed with the claim in the future once our lawyers have gathered evidence of your accident entitling you to Workers’ Compensation benefits.
Although claims can be withdrawn without prejudice in South Carolina, it is typically best to ensure that your initial claim is strong enough to succeed the first time.
How to Keep Workers’ Compensation Pay without Prejudice Benefits in South Carolina
Sometimes, Workers’ Compensation insurance carriers might suspend or terminate initial pay without prejudice benefits if they believe, based on the information provided to them, that injured employees are not eligible for Workers’ Compensation.
Typically, pay without prejudice Workers’ Compensation benefits begin soon after a workplace accident is reported to an employer. If, after reviewing your case, payments stop, it might be because you have not submitted sufficient information supporting your claim. Insurance companies might also stop Workers’ Compensation pay without prejudice benefits when acting in bad faith, which may be a reason to bring a lawsuit in South Carolina.
To keep your Workers’ Compensation pay without prejudice benefits while your claim is being processed and to ensure you receive Workers’ Compensation at the resolution of your claim, you should do a few things.
Begin by reporting your workplace accident to your employer. While you will have 90 days to do this in South Carolina, it is best to report your injuries immediately. Then, see medical professionals who are approved by your employer’s Workers’ Compensation carrier. Keep all visits with specialists and carefully follow all requirements of your treatment plan.
Our lawyers will also investigate your accident to see if there is evidence of the incident. This might include speaking with eyewitnesses and reviewing security camera footage. While Workers’ Compensation eliminates an employer’s liability for workplace accidents, it will be important to establish that you were injured while working and did not intentionally cause your injuries.
Initial Workers’ Compensation benefits might be terminated, and entire claims might be denied, when victims are uninvolved or unconcerned with their recovery. Our lawyers will continue to check in about your claim’s status and submit information supporting your case so that payments are not stopped unnecessarily in South Carolina.
Call Our Lawyers About Your Workers’ Comp Case Today
To get a free case review from Burriss Ridgeway Injury Lawyers, call our Lexington, SC Workers’ Compensation lawyers now at (803) 451-4000.
