After a workplace injury, filing a workers’ compensation claim is the first step toward securing benefits for your medical care and lost income. Although you may receive the contact information for the workers’ compensation adjuster handling your claim, the adjuster may not respond to your emails or voicemails in a reasonable timeframe. In some cases, they may not respond at all. Knowing what to do if workers’ comp is not responding can help you access the benefits you need. An experienced Columbia workers’ compensation lawyer can help you navigate the claims process and ensure you receive the benefits you need to recover from a workplace injury. Here are some ways to avoid losing the benefits you’re owed due to workers’ comp adjuster tricks.
Change Your Tactics
First, you can change how you contact the workers’ compensation insurance company. Try calling the adjuster assigned to your case at different times of the workday, as you may catch the adjuster on the phone rather than leaving voicemails. Adjusters often manage dozens of cases at once, so persistence and timing matter. Alternatively, ask to speak to a supervisor on the customer service line if you cannot get a hold of the adjuster and they refuse to return your calls or emails. Finally, if you cannot get a hold of anyone at the workers’ compensation insurer, you can send written correspondence via certified mail to have proof that the insurer received your correspondence. That way, the adjuster or their insurance company cannot deny that they received your correspondence.
Keep a Record of All Communication
Next, you can help your case by keeping a record of all communication with the insurance company. Keep a record of the dates and times you called the adjuster, the name of anyone you were able to speak with, notes of what you discussed on calls, and copies of emails or letters to or from the insurance company. If your claim is later denied or challenged, this paper trail can be critical evidence of the insurer’s bad faith conduct.
Stay Organized
Keep records of your workers’ compensation claim and all correspondence with the insurance company organized to avoid losing critical documents. Keep your records organized chronologically so you can quickly refer to a phone conversation or email on a particular date.
Understand Your Rights Under South Carolina Workers’ Compensation Law
Before filing a claim, it is important to understand your obligations and the protections available to you under South Carolina law. According to the South Carolina Workers’ Compensation Commission:
- You must report your work-related injury to your employer within 90 days of the accident or from the date you discovered (or should have discovered) the injury. Failure to give timely notice may result in loss of benefits unless the employer already had knowledge of the injury, or you have a reasonable excuse.
scstatehouse.gov. - You must file a formal claim with the Commission, using Form 50 for a workplace injury or Form 52 for a workplace death, within two years of the date of the accident scstatehouse.go
- If you are written completely out of work for more than seven days, you are entitled to temporary total disability benefits. If you are out of work for more than 14 days, benefits are retroactive to the first day of disability
scstatehouse.gov. - Temporary total disability compensation is paid at 66⅔% (two-thirds) of your average weekly wage, subject to the annual maximum set by the South Carolina Department of Employment and Workforce.
Understanding these timelines and entitlements is essential. Delays by an insurance adjuster do not pause or extend your legal deadlines.
File a Complaint with the State Workers’ Compensation Board
If the adjuster continues to ignore your communications or the insurance company is unreasonably delaying your claim or benefit payments, you have the right to file a complaint directly with the South Carolina Workers’ Compensation Commission. The Commission oversees workers’ compensation insurers operating in South Carolina and has the authority to investigate and take action against insurers engaging in bad faith conduct — including failing to communicate with claimants and unreasonably withholding or delaying benefits. You can reach the Commission at 803-737-5700 or submit a Form 50 through its website at wcc.sc.gov.
Contact an Experienced Workers’ Compensation Attorney
When your workers’ comp adjuster is not responding to your calls or emails, get the legal help you need to pursue the financial benefits needed for your medical care and lost wages. Contact Stewart Law Offices today for a free, no-obligation consultation to learn more about workers’ comp delay tactics and discuss how our firm can assist you with seeking the medical and wage loss benefits you deserve.