Double Aught Injury Lawyers handles workers’ compensation cases throughout the Upstate of South Carolina. If you or a loved one is involved in a workplace accident, let us help you gain the compensation you deserve. Accidents that merit a workers’ compensation claim arise from many occupations such as construction workers, machine operators, plant workers, nurses and nursing assistants, long haul drivers, electricians, landscapers, office workers, health care employees, city, state, and county workers among many more.
If you have been hurt while on the job in South Carolina, it is important that you report your injury immediately. The statute of limitations to report your injury to your employer is ninety days. The state of South Carolina requires that your claim must be filed with the South Carolina Workers’ Compensation Commission within a two-year period from your accident date to be eligible to receive compensation. If your worker’s compensation claim is accepted by your employer, the employer generally will report your claim to the South Carolina Workers’ Compensation Commission. If for any reason your employer denies your claim, or fails to file it, you can file it on your own. However, filing on your own can sometimes be a confusing and difficult task. The legal staff at Double Aught Injury Lawyers is here to assist you with any of your worker’s compensation claim needs and will file it for you if you retain our legal services.
What Are Common Reasons for a Workers’ Compensation Claim Denial?
If your South Carolina workers’ compensation claim is denied, do not lose hope. If your claim is denied by your
employer or their workers’ compensation insurance carrier, please call our office and let us help you navigate you through this legal process. Insurance companies have adjusters that are trained to minimize your case and save their company money. The Double Aught Injury Lawyers. legal team is experienced with dealing with the large insurance companies. We will be your voice and use our years of legal experience to help gain you the compensation you deserve from your work injury. Below we have listed the many reasons that workers’ compensation claims are denied, and how our firm has learned to fight back and recover compensation for our clients.
Often times an employer will deny your claim if you have injured the same body part before. The employer is trying to get away with saying that your injury was not due to the accident but instead due to a “pre-existing” condition. The state of South Carolina workers’ compensation laws state that you shall still receive benefits, if your new injury is an aggravated or accelerated version of a previous condition. Usually this type of scenario is decided upon medical expertise. Your physician will have detailed, very specific questions that must be answered to sort this type of situation out. If this same circumstance has happened to you, do not hesitate to call our office and speak to a member of our legal team.
Your claim may be denied by your employer stating that you are an independent contractor and you are not technically “working for them”. Employers will do this in order to avoid paying workers’ compensation benefits which are only available for employees. Determining who is and who is not an independent contractor depends on many factors. For example, who furnishes the equipment or tools used for the work, who is in charge of the work being done, who has the authority to hire and fire, and who holds the means of payment.
One of the top reasons an injured worker’s claim gets denied is that they are told by their employer that they reported their injury “too late.” This may mean merely a day or a week after their injury occurred. This can be an honest mistake by your employer, but sometimes the manager or owner tells the injured worker false information purposefully to prevent the lost time accident from being officially documented. This in turn saves them money. South Carolina gives injured worker’s ninety days to file a claim and report it to your employer.
Sometimes your employer may tell you that it was your own fault that you got hurt. For example, you should have noticed the spill on the floor and not slipped and fell, hurting your ankle, knee, hip, or back. The employer will sometimes even attempt to get the injured employee to just file it under the company health insurance and not report it. South Carolina workers’ compensation is a no-fault system. This means that unless you tried to intentionally injure yourself, or you were under the influence of drugs or alcohol when you were injured, your claim should not be denied.
Workplace employers may try to claim that because you were hurt off the actual work premises, or after regular hours that your injury is not covered under workers’ compensation. In South Carolina, the worker’s compensation laws define work-related injuries to include company outings, etc. So just because an injury happened off site or outside of regular work hours does not mean you should give up on filing a claim. Let a skilled South Carolina workers’ compensation lawyer look over your case, and help to decide if you are eligible to receive benefits for your injury.
At Double Aught Injury Lawyers, we have seen certain cases where the employer or the insurance company has denied a legitimate worker’s compensation claim “just because”. Some of these cases are out of spite or are vendettas from angry supervisors or employers. We have witnessed denials due to poor investigation or no investigation at all by insurance adjusters. Sometimes employers simply deny claims for they fear that once one is accepted others will follow and hurt their business.
Consult with a South Carolina Lawyer to Discuss Your Workers’ Compensation Claim
If you have a worker’s compensation claim that has been denied for any reason, please contact our office to speak to a competent South Carolina workers’ compensation lawyer. We take a personalized approach to each and every client we work for. At Double Aught Injury Lawyers, we want you to spend your time focusing on your recovery. Let us give you peace of mind, while we fight for your rights and the compensation you deserve for your workplace injury.
Bryan Ramey is a Personal Injury Attorney who practices in the upstate of South Carolina. He graduated from The University of South Carolina School of Law, and has been practicing law for 27 years now. Bryan Ramey believes in representing the injured. Learn more about his experience by clicking here.