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What To Do If Your Employer Disputes That Your Injury Was Work-Related

You were hurt doing your job, you reported it, and you expected workers’ compensation benefits to follow. Instead, your employer or its insurance carrier claims the injury did not happen at work. This is a frustrating and frightening position to be in, especially when medical bills are piling up, and you cannot afford your living expenses. Fortunately, in South Carolina, a denial is not the final word on your claim.

At Nicholson, Meredith & Anderson, our Greenwood workers’ compensation lawyers help injured employees pursue the benefits available under South Carolina law. Let us assist you.

Why Would an Employer Deny That an Injury Is Work-Related?

Employers and their insurers often dispute work-relatedness because accepting a claim means paying for medical treatment and lost wages. Under S.C. Code § 42-1-160, an injury is covered only if it arises out of and in the course of employment, and insurers frequently argue that one of these elements is missing. Common arguments include claims that the injury stems from a pre-existing condition, happened off the clock or away from the job site, or was reported too late.

What Should You Do Right After Your Claim Is Disputed?

The first thing you should do is continue getting medical care and write down everything you remember about how the injury happened. Make sure each doctor knows your injury occurred at work so your medical records reflect that connection. Save copies of any letters, emails, or forms you receive from your employer or the insurance company. Avoid giving a recorded statement to the insurer before speaking with a lawyer, and stay off social media, since posts can be taken out of context and used against you.

How Long Do You Have to Challenge the Denial in SC?

In most cases, you have two years from the date of your accident to file a claim with the South Carolina Workers’ Compensation Commission under S.C. Code § 42-15-40. Filing a Form 50 asks the Commission to schedule a hearing, where a commissioner will hear the evidence and decide whether your injury is work-related. If you miss this deadline, you may lose your right to benefits entirely, so it is important to act promptly.

How Can an Attorney Help Gather and Preserve Evidence?

An attorney can help you collect and protect the evidence needed to prove your injury happened on the job. Critical evidence, such as surveillance footage, incident reports, and timecards, can be lost or routinely deleted if no one requests it promptly. A lawyer can send preservation letters to your employer, interview coworkers who saw the accident while their memories are fresh, and obtain your complete medical records. Your attorney can also request opinions from your treating physicians explaining how your work caused or aggravated your injury. With this evidence organized and ready, your case is in a much stronger position at your hearing.

Injured? Contact Our Greenwood Workers’ Compensation Lawyer

If your employer is questioning whether your injury is work-related, our Greenwood workers’ compensation attorneys are ready to help you fight for the benefits available to you. At Nicholson, Meredith & Anderson, we have dedicated our professional lives to helping injured employees get the compensation they need to heal. To schedule your consultation with one of our lawyers, contact our office online or by calling (864) 229-7241.