What to Do If Your Workers Comp Claim Is Denied in South Carolina
Apr 01 2025 18:00
If you’ve had your workers comp claim denied in South Carolina, you’re not alone—and you still have options. While it can feel overwhelming to receive a denial letter, many claims are denied for reasons that can be addressed through an appeal. Understanding why claims get denied and how to respond is the first step toward getting the benefits you deserve.
Why Workers Comp Claims Get Denied
There are several common reasons your claim might be denied:
-
Lack of timely reporting: South Carolina law requires you to report your injury to your employer within 90 days. Missing this deadline can hurt your claim.
-
Disputes over whether the injury is work-related: If your employer or the insurance company believes your injury didn’t happen on the job, they may deny your claim.
-
Insufficient medical evidence: If your medical records don’t clearly support your injury or if there’s a gap in treatment, your claim may be denied.
-
Pre-existing conditions: Sometimes insurers argue that your injury is due to a pre-existing condition, not a work accident.
-
Missed deadlines: Beyond reporting the injury, you must also file a claim with the South Carolina Workers’ Compensation Commission within two years.
Steps to Take After a Denial
If your workers comp claim is denied , don’t panic. You have the right to appeal the decision. Here’s what to do next:
-
Review the denial letter
The letter should explain why your claim was denied. Understanding the reason helps guide your next steps. -
Gather evidence
This could include medical records, witness statements, or additional documentation showing your injury is work-related. -
File a Form 50
In South Carolina, the next step is to file a Form 50 with the Workers’ Compensation Commission to request a hearing. -
Attend mediation
Before a formal hearing, you may be required to attend mediation with your employer or their insurance company to try to resolve the dispute. -
Prepare for a hearing
If mediation is unsuccessful, your case will go before a Commissioner who will make a decision after reviewing evidence and hearing testimony.
How a Lawyer Can Help
Navigating a workers' compensation appeal can be complex, especially if you’re recovering from an injury. At Eller Frye Law, we know how to build strong cases and advocate on your behalf. When your workers comp claim is denied , having an experienced attorney can make all the difference. We can:
-
Ensure your paperwork is filed correctly and on time
-
Help you gather the right evidence and expert opinions
-
Represent you during mediation and hearings
-
Fight to get you the benefits you’re entitled to under South Carolina law
Don't Face a Denial Alone
Getting hurt at work is tough enough. You shouldn’t have to face a claim denial without support. If your workers comp claim was denied , contact Eller Frye Law today for a free consultation. We’re here to help you move forward with confidence.
Upcoming Events
Stay informed about key industry events and engagements. Here, you'll find details on upcoming conferences, meetings, and speaking engagements featuring our experts.