Workers’ compensation provides financial benefits to workers injured on the job. In South Carolina, virtually all employers must purchase a workers’ compensation policy, and injured employees can submit a claim after a workplace injury. Unfortunately, too many workers watch helplessly as their claims are denied. They are frustrated and don’t know what to do. Contact Hart Law to discuss your legal options with a Columbia workers’ compensation lawyer. We can file an appeal on your behalf.
Reasons Why Claims Are Denied
Here are common reasons workers see their claims denied:
- You have a pre-existing injury. You might have been hurt in a previous accident with a prior employer.
- You were not injured while working. Workers’ compensation only covers injuries or illnesses that arise out of your employment. For example, you could have injured yourself while on vacation or at home.
- You did not report the injury in time. Under South Carolina Code § 42-15-20, you must give notice to your employer within 90 days. You might have waited too long.
- The injury is not covered by workers’ compensation. Some injuries are not covered, such as certain mental injuries.
- There is insufficient evidence you are hurt. A worker needs to show they suffer from an injury that arose out of work. Your medical evidence might be insufficient to establish you suffered an injury.
- You were intoxicated. Although workers’ comp benefits are typically no fault, there are exceptions. If you were intoxicated at the time of the accident, then you might not receive anything.
- You are an independent contractor. Employers must cover employees but are not required to cover independent contractors. However, many workers are misclassified as contractors.
These are some of the most common reasons why injured workers are denied benefits. Some employers push hard to get claims denied because they do not want to pay increased workers’ compensation premiums.
Steps to Take After a Denial
First, you should find out why you were denied. Workers have a right to appeal, but you need to present evidence that directly responds to the reason for the denial. Read the notice or letter you received, which should spell out the reasons.
Next, you should quickly contact an attorney. Your lawyer can help with the appeals process, including finding useful evidence. You might need to strengthen your claim with witnesses who saw you injured at work or additional medical evidence which shows the severity of your disability. We discuss the reasons for the denial of your claim and strategize how to respond.
Please avoid delay. A worker has a right to an appeal but there are time limits. Workers who go past these limits miss out on compensation and might end up with nothing.
Call Hart Law to Schedule a Free Consultation
Workers are the foundation of the South Carolina economy, and when they are hurt, they deserve benefits to help them recover. If you need assistance with a claim or if you have questions, call Hart Law at (803) 771-7701 to schedule a free, no-risk consultation.