The Law Offices of Carter Martling, PC handles workers’ compensation cases all over South Carolina. If you are involved in an on the job accident, let us help you get the compensation you deserve. Over the years, our South Carolina workers’ compensation clients have included construction workers, plant workers, machine operators, nurses, certified nursing assistants, local and long haul drivers, health care workers, city, state and county workers, electricians, heavy equipment operators, landscapers, office workers, and factory workers among many others.

If you are injured on the job in South Carolina, you need to report your injury immediately. In South Carolina, you have 90 days to report your injury to your employer. In South Carolina, your claim must be filed with the South Carolina Workers’ Compensation Commission within two years in order for you to receive compensation. If your claim is accepted by your employer, the employer will typically report your claim to the South Carolina Workers’ Compensation Commission. However, if your employer denies your claim, or does not file it, you can file it yourself, or let the South Carolina Workers Compensation attorneys of The Law Offices of Carter Martling, PC help you.

What should you do if your South Carolina workers’ compensation claim is denied? If you are hurt on the job in South Carolina, and your claim is denied by your employer, or their insurance company, please call South Carolina workers’ compensation attorney Carter Martling. Insurance companies have trained adjusters whose job it is to minimize your case, and save the insurance company money. Let us be your voice, and let our years of experience even the playing field.

South Carolina Workers’ Compensation Claims are Denied for Several Reasons.

You Were Hurt Before
Your employer may deny your claims if you had injured the same body part before. In many instances, an injured employee who has previously hurt their back, or neck, will have their claim denied because their condition was “pre-existing.” South Carolina workers’ compensation laws provide that you can still receive benefits, if your new on the job injury aggravated, accelerated, or made worse your previous injury. Often, this is a question of medical expertise, and detailed, very specific questions must be asked of your treating physician to sort this all out.

If you are injured on the job in South Carolina, you need to report your injury immediately. In South Carolina, you have 90 days to report your injury to your employer. In South Carolina, your claim must be filed with the South Carolina Workers’ Compensation Commission within two years in order for you to receive compensation. If your claim is accepted by your employer, the employer will typically report your claim to the South Carolina Workers’ Compensation Commission. However, if your employer denies your claim, or does not file it, you can file it yourself, or let South Carolina Workers Compensation attorney Carter Martling help you.

What should you do if your South Carolina workers’ compensation claim is denied? If you are hurt on the job in South Carolina, and your claim is denied by your employer, or their insurance company, please call South Carolina workers’ compensation attorney Carter Martling. Insurance companies have trained adjusters whose job it is to minimize your case, and save the insurance company money. Let us be your voice, and let our years of experience even the playing field.

You are an Independent Contractor
Your employer may deny your claim by stating that you are an independent contractor and “don’t work for them.” Employers do this to avoid paying workers’ compensation benefits which are just for employees. Who is, or who isn’t, considered an independent contractor depends on factors such as who furnishes the equipment, or tools for the work, who is in control of the work being done, who has the right to hire and fire, and the means of payment for example hourly versus by the piece, or job. Please call South Carolina workers’ compensation attorney Carter Martling, to see if your case facts really show that you were an employee, not an independent contractor.

You Are Too Late
One of the most common reasons an injured worker’s claim is denied is that they are told by their employer that they reported it “too late,” which might only be a day, or a week after the injury happened. Sometimes this is an honest mistake, but just as often an unscrupulous manager, or supervisor tells the injured worker false information on purpose to prevent the lost time accident from being documented as happening on their watch for their own personal gain. In South Carolina, you have 90 days to report your injury to your employer.

It’s Your Fault
Your employer may tell you that you are the reason you got hurt, and therefore can’t file a claim. For example, you should have seen that grease on the floor, and not slipped and twisted your knee. Sometimes that person is then encouraged to just file it under the company health insurance and not even report it. South Carolina Workers’ Compensation is no fault, meaning unless you tried to intentional injure yourself, or were under the influence of drugs or alcohol when you got hurt, generally your claim is not going to be denied because of what your did, or failed to do.

You Didn’t Get Hurt on the Clock
Employers may claim that because you may have been hurt off the actual work premises, or after the normal working hours that your injury is not covered by workers’ compensation. South Carolina workers’ compensation laws define work-related injuries broadly, and just because you got hurt off site, or after hours doesn’t mean that you don’t have a claim. These situations are very fact specific so call South Carolina workers’ compensation attorney Carter Martling, to see if your case was improperly denied.

Just Because
South Carolina workers’ compensation attorney Carter Martling has unfortunately encountered situations where a case was denied by an employer or an insurance company without any reason that passed legal muster. Just because. We have seen other denials for reasons completely out of the control of the injured worker, including but not limited to the following. We have seen cases denied due to the personal vendettas of supervisors, or managers. We have seen denials issued as a seeming standard order of company business. We have seen denials issued because of poor, or no investigation by insurance adjusters. We have seen denials issued by a company for fear that acknowledging one claim as compensable would open the floodgates to more claims. If your South Carolina workers’ compensation claim has been denied for any reason, call South Carolina workers’ compensation attorney Carter Martling, to see if your case was improperly denied.