In the state of South Carolina, the laws surrounding the workers’ compensation system are supposed to provide a broad protection for workers injured on the job. Workers’ compensation laws not only state that any work-related injury should be covered if it happens from due course and scope of employment, but it also states clearly that workers’ compensation is a no-fault system. This means that even if your employer did not show negligence or carelessness and was not involved in your accident, workers’ compensation insurance coverage should still take care of your injury. In most cases, even if the injured employee did something careless to cause their injury, they still could be eligible to receive benefits.
Even with legal protections guaranteed to workers within the state of South Carolina, employers and their insurance carriers regularly deny legitimate claims or try their best to give the injured workers less than needed for their injuries. If you have a South Carolina workers’ compensation claim that has been denied, you should take immediate action to preserve your right to recover benefits for your medical expenses and lost wages. Our Greenville workers’ compensation attorneys at Dan Pruitt law firm are here to assist you with denied claims, new claims, and existing claims. We have years of experience dealing with insurance companies, and business owners. We know what it takes to get the job done, and we are ready to assist you.
Why Would My Greenville Workers’ Comp Claim be Denied?
There are numerous reasons for workers’ compensation claims to get denied. There are a few legitimate reasons, but many others could be frivolous defenses made by your employer and their insurance company. Here are some of the reasons claims get denied, many times improperly:
If you fail to let your employer know about your workplace accident within ninety days of when the accident occurs, you have missed the deadline to submit a claim. However, there are certain cases where it may not be crystal clear as to when your injury developed. This is usually the case with repetitive stress injuries, such as carpal tunnel syndrome. Also chronic illnesses like asbestos related diseases that develop from long term exposure to harsh chemicals are not noticeable within the ninety day period. Our attorneys have even seen instances where the employer may misconstrue the law and advise their injured employee that they will be barred from benefits if they do not report a work injury within twenty four hours. If your employer tries to tell you that you missed the deadline, but you believe you alerted them within the correct amount of time, you should contact one of our workers’ compensation attorneys. The legal team at Dan Pruitt law firm will help in providing proof of your claim.
In some cases, employers may claim that the injury sustained was not work-related and benefits are unavailable to you. The definition of “work-related” takes a broad spectrum when it comes to South Carolina workers’ compensation laws. If you were doing work tasks required by your job, or if your injury arose out of doing your job then it could be described as a work-related injury. This is usually true even when the injury occurred outside of the normal work schedule or away from your regular job site. Off site injuries do happen and many are still coverable under workers’ compensation. If you think this type of situation has happened to you, let one of our competent workers’ compensation lawyers go over your case and help you to retain benefits.
Sometimes the incorrect classification of your job or position can be a reason for a denied claim. Workers’ compensation is meant to provide coverage for only employees. Some employers incorrectly label workers as independent contractors, in order to avoid having to pay for workers’ compensation benefits. If this happens to you and you can prove that you are in fact an employee and not an independent contractor, then you can be awarded workers’ compensation benefits for your injuries.
Your employer may try to claim that you displayed improper behavior, and that you did something wrong, so you should not be eligible for workers’ compensation benefits. This does not happen very often, but it is still important to be aware of. Unless you hurt yourself on purpose or you were under the influence of alcohol or drugs when your work accident occurred, you should not lose your right to workers’ compensation benefits.
Employers will sometimes deny workers’ compensation claims, stating that you had a pre-existing condition when your work-related injury happened. You can still receive benefits if your job accident aggravated or made your condition worse. Proving your right to workers’ compensation benefits and proving the extent of your work-related injuries can be a difficult task. Having a skilled South Carolina workers’ compensation lawyer by your side will help with these complicated situations.
Sometimes, your employer may believe that you are exaggerating your workplace injury. They may try to argue that your injury is less severe than you claim. Employers can try to use the opinion of a doctor that they have chosen to show that you should not receive benefits. Remember that you have the right to ask for an independent medical exam from a doctor not on your employers list.
Consult with a Workers’ Compensation Attorney to Discuss Your Claim or Appeal
If your workers’ compensation claim has been denied, you should consult with a South Carolina workers’ compensation lawyer as soon as possible. There are hearing processes for workers’ compensation denials that will allow your claim to be reevaluated and considered by an independent commissioner. In South Carolina, there are multiple levels and stages of appeals. At Dan Pruitt law firm, our workers’ compensation lawyers have experience with each stage of the appeal process and will work on your case for the long haul. The hearing and appeals process is complex and there are many deadlines to follow and much is required. Let one of our attorneys assist you to make sure you go through the correct steps to ensure your right to benefits.
In the event that you have been injured on the job in Greenville, you can trust that our skilled workers’ compensation attorneys will work to get you the money and benefits you deserve. Dan Pruitt law firm has experience and knowledge dealing with insurance companies and has the resources to be able to fight back. We are compassionate to your needs while you recover from your workplace accident. While you focus on your personal recovery, we promise to work diligently on your workers’ compensation case. Please call our office today to set up a free consultation with one of our professional South Carolina workers’ compensation attorneys.
Dan Pruitt is a Personal Injury Attorney who practices in Greenville, SC. He graduated from University of Georgia, and has been practicing law for 25 years. Dan Pruitt believes in fighting for the injured. Learn more about his experience by clicking here.