When Your Employer Denies Your Workers’ Compensation Claim

Denied Workers’ Compensation Benefits?

In the hours and days following a work related accident, you may be in pain, out of work and concerned about your financial wellbeing.

You work hard on the job, and if you are injured at work, you expect that your employer will look out for you.  The last thing that you expect is for your employer to deny your claim for South Carolina Workers’ Compensation Benefits.

If you or a loved one was injured on the job, and your claim for workers compensation benefits is initially denied, don’t lose hope.  Our experienced South Carolina workers’ comp attorney will review the facts of your case to determine whether your claim was improperly denied, and fight to ensure that you collect the benefits that you deserve.

If your claim for workers comp benefits has been denied, call our office today for a free consultation to discuss the facts specific to your case and whether we may be able to help you obtain South Carolina Workers’ Compensation Benefits.

In our free consultation, we will discuss:

  • What you understand to be the reason for the denial, and whether your employer’s reason for denying the request is legal.
  • Whether the reason for a denial based upon a legal reason is based upon a false accusation against you (such as a work injury due to intoxication).
  • Whether it is possible that your employer does not understand South Carolina workers’ compensation laws, including how to proceed following an injury. This type of denial may be resolved with a little negotiation and explanation.

When Can An Employer Deny Your Claim for Workers’ Compensation Benefits?

Workers’ Comp Benefits Can Be Denied if Your Employer Claims:

  • You intentionally injured yourself. Intentional injury is construed as self-inflicted injury. Intentional injuries are not covered by workers’ compensation.
  • Your work accident occurred while you were committing a serious crime.
  • You weren’t on the job (or operating on behalf of your job) when the injury occurred. Ex. An accident while driving home from work would not be considered a job-related injury.
  • Your work injury was a direct result of a violation of company policy.
  • Your accident resulted from intoxication.
  • You refuse a medical evaluation for the insurance company.
  • You refuse recommended medical treatment.
  • You did not notify your employer about your injury within 90 days of your accident.

Denial of SC Worker’s Comp Benefits for Non-Legal Reasons

Your employer may not want to accept your work injury, especially if your injury is difficult to prove and requires you to seek legal assistance. Job-related injuries employers often initially deny include injuries caused by repetitive injuries, stress, mental conditions, and environmental conditions, including claims of toxic exposure.

If your claim for workers’ compensation benefits has been denied, don’t give up.  Call us today for a free consultation to discuss whether you may be entitled to South Carolina workers’ compensation benefits.

BestLawyers.comAVBetter Business Bureau