Why South Carolina Workers’ Compensation Claims Get Denied
If you’ve been injured on the job in South Carolina and are unable to work, you probably need money fast in order to keep up with your family’s needs. If you’re seeking Workers’ Compensation, you want to ensure that the application you submit is the strongest possible application you can create, in order to avoid denial. Below, you’ll find a number of common reasons that South Carolina Workers’ Compensation claims get denied, which you should keep in mind when submitting your own application. If your claim is rejected, don’t risk additional delay by attempting to reverse the denial by yourself; contact a skilled Spartanburg Workers’ Compensation attorney to handle your claim.
Reason 1: The employer claims that the employee’s injuries occurred off-the-job
Your employer might try to argue that your injuries stemmed either from an accident that occurred off work premises, or that you had a pre-existing injury that you had earlier failed to disclose. Even where your injury did not occur at your normal jobsite, your injury may still qualify for Workers’ Compensation benefits under South Carolina’s broad definition of “work-related.” Additionally, even in the case where a prior injury was aggravated by a work-related accident, you may still qualify for benefits. An attorney can help you prove the extent of the aggravation beyond the existing injury in these more complex cases.
Reason 2: The employer claims that the employee was not complying with safety procedures or was acting irresponsibly
Some employers will argue that it was an employee’s failure to act reasonably in a given case that caused their injuries, such as failing to use proper safety procedures or using a machine incorrectly. However, it is unlikely that these arguments will succeed under South Carolina’s no-fault Workers’ Compensation system. Provided you were not intoxicated or under the influence of illegal drugs whose influence the employer can prove caused you to become injured, your injuries should make you entitled to Workers’ Compensation benefits under South Carolina law.
Reason 3: The employer claims you missed critical deadlines
There are certain important deadlines involved in making a successful Workers’ Compensation claim, including a 90-day deadline to notify your employer after suffering an on-the-job injury. Should you fail to meet this deadline, you may lose your right to file a claim. That said, there are circumstances where your date of injury may not be entirely clear. For example, injuries which are cumulative and based on repetitive motion like carpal tunnel syndrome may not have a clear start point, nor would diseases which develop from exposure to hazardous chemicals. An attorney can help you gather the evidence you need to prove that you are still entitled to benefits based on your timeline of events, despite your employer’s argument that the deadline has passed.
If you or someone you love has been injured on the job, get compassionate, knowledgeable assistance with your South Carolina Workers’ Compensation claim by contacting Spartanburg Workers’ Compensation attorney Chad Pye for a consultation, at 864-583-5658.