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South Carolina Workers Compensation Hearings: The Process

If you cannot settle your work injury case, you have got to take the case to trial. In South Carolina, that means a hearing before a Workers Compensation Commissioner. In this brief video, an attorney who helps injured employees explains the process that can keep you from winning if you just show up empty-handed, hoping for the best.

Transcript

So we're talking today about how you handle a South Carolina workers compensation hearing. These are the basic steps we take to handle your hearing. first you got to request it we do that by filing a form 50 which is the Commission's official form to request a hearing. After that, the insurance company's law your files their response a form 51. not long after that the insurance company will probably take your deposition. That’s out of court sworn testimony so they can see what you'll testify to at the hearing. Sometimes they even take your doctor's deposition and if we feel there's a deposition that's vital to your case we'll take it, too. After that the case moves to the pre-hearing filing stage. These are the most important documents in your case. Workers’ compensation cases depend heavily on medical records. You’ve got to file a list of your witnesses and copies of your evidence on time with the Commission or you can't present them. We also file a Form 58, that's the official pre-hearing brief so the Commissioner will have an idea what your case is about before it goes to the hearing.

Finally, we get to the hearing. That’s a situation that is a little less formal than a jury trial. Usually you're in a small courtroom, there's just the Commissioner, maybe as assistant, a court reporter, and the other side. you are often the most important witness in your case. If you're with us you'll be ready. You’ll testify and be cross-examined. After that the defense presents any witnesses that they have and we cross-examine them. Finally, the Commission issues its order in your case sometime after the hearing. That’s the official decision on how your case is going to be finally handled, unless of course there's an appeal.

So does this all sound complicated? Well it is especially if you're going to do it right. The best way to prepare you're here and right is to have a professional do it for you. Remember this is your only chance to get full compensation and all the medical care you need

If you're worried about how to handle your workers comp case or have any other questions about your case fill out our get help now form right on our website so you can get in touch with an experienced workers comp lawyer. I thank you for thinking about this with me and I hope I see you soon.

Rob Usry
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Rob is a South Carolina personal injury and criminal defense lawyer.

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