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What To Do If Your South Carolina’s Workers Compensation Claim Was Denied

In this blog post, learn more about what to do if your SC workers' comp claim was denied from Spartanburg workers' comp attorney, Tyler Rody.

September 8, 2023

South Carolina workers' compensation insurance is designed to provide benefits and protections to employees who have suffered work-related injuries or illnesses. Under South Carolina workers' compensation laws, employers are required to provide workers' compensation coverage for their workers unless the employee is exempt from having insurance.

Reasons a Workers’ Comp Claim was Denied

A workers’ compensation claim can be denied for various reasons, which include but are not limited to the following:

  • Failure to report the injury on time: Like most states, South Carolina requires employees to report workplace injuries within a specific period of time. Failure to report the injury on time can result in claim denial. You typically have 90 days from the date of your injury to report the injury, and two years to file your claim, but it’s always best to file a claim as soon as the injury occurs. 
  • Lack of sufficient evidence: You require sufficient evidence to prove a workers’ compensation claim in South Carolina. Your claim may be denied if the evidence is inadequate or lacks credibility.
  • Missed deadlines: In South Carolina, workers’ compensation claims have specific deadlines for filing forms, submitting documentation, and appealing a denial. If these deadlines are missed, the claim can be rejected.
  • Violation of employer policy: If you suffered injuries while violating company policies or engaging in misconduct, your claim may be denied.
  • Disqualified for another reason: Some workplace injuries are not compensable because they just do not otherwise meet the criteria for a workplace injury. For example, seizures are usually not covered unless they occur in an extra

Can Your Employer Deny Workers’ Compensation?

In most cases, employers do not have the authority to deny workers’ compensation benefits. These benefits are designed to provide coverage to employees injured in the course of their employment. Therefore, it is the insurance provider that determines whether to deny or accept a workers’ comp claim.

However, your employer can influence the claims process. They can dispute the validity of the claim or argue that the injury did not occur in the workplace. If you believe your employer is refusing to support your workers’ compensation claim, it is important to consult an attorney who understands workers compensation laws in South Carolina.

How Do You Appeal a Workers’ Compensation Claim?

If your claim is denied, you can seek a review and challenge the decision. The first step is to file a hearing request, or Form 50, with the South Carolina Workers’ Compensation Commission.

After the hearing request is filed, your deposition will likely be taken, where the employer’s attorney will ask you questions about yourself and your injury. If the case does not get resolved via settlement negotiations, you will proceed to the hearing, where a workers comp commissioner will decide whether your case qualifies as compensable under the law. 

Contact A Spartanburg Workers Compensation Claim Lawyer Today

If you are facing a claim denial in South Carolina, consult an attorney for legal guidance. Call (864) 381-7969 to schedule a free consultation with a Spartanburg workers' compensation lawyer, Tyler Rody, to learn how you can protect your rights.

Tyler Rody

Tyler Rody


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