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What to Do If Your Workers’ Compensation Claim Is Denied

Attorney Gary Christmas in front of workers comp denied claim

If your workers compensation claim is denied, you’re probably feeling frustrated, anxious, and even more overwhelmed than you were when your injury first occurred. We understand — you’re hurt, you can’t work, and now the insurance company is refusing to pay for the medical treatment and financial support you need. But here’s what you must know: Don’t lose hope. Insurance companies hope you’ll give up — but with Christmas Injury Lawyers in your corner, you’ll have experienced trial lawyers who won’t back down. We’ll handle the fight so you can focus on healing.

We’ve been standing up for injured workers for nearly 30 years. If your workers compensation claim has been denied, we know what steps you need to take right now to protect your rights, file an appeal, and fight for the benefits you deserve. Here’s what to do if your workers compensation claim is denied — and how our dedicated attorneys can help you every step of the way.

Why Do Workers Compensation Claims Get Denied?

Before you can fight back, it’s important to understand why your workers compensation claim is denied. Employers and insurance companies use many reasons — and excuses — to deny your claim. Some of the most common reasons include:

  • You missed the deadline to report your injury or file a claim.
  • Your employer claims your injury did not occur at work or was not work related.
  • The insurance company says your injury was pre existing.
  • They argue there is not enough evidence or medical documentation.
  • They claim your story changed or there are discrepancies in your reports.
  • They accuse you of violating company policies when the accident happened.
  • They argue you did not get medical treatment promptly.

When your claim is denied, you’re not out of options — you simply need to know how to push back. Understanding the reasons for denial helps you and your lawyer collect the evidence needed to fight for the benefits you’re owed under South Carolina workers compensation law.

Steps to Take if Your Workers Compensation Claim Is Denied

So, what to do if your workers compensation claim is denied? You can’t afford to sit back and do nothing. Here’s what you need to do:

Review the Denial Letter Carefully

The first step is to read the denial notice. It will list the reason your workers comp claim was denied. Sometimes the insurance company will argue that your injury wasn’t serious, wasn’t work related, or that you didn’t follow their rules. Make sure you know exactly why they chose to deny your claim.

Gather Evidence to Challenge the Denial

When a compensation claim is denied, strong evidence is key. You need to show exactly how the injury occurred, that you followed your doctor’s orders, and that you’ve done everything you were supposed to do. Examples of helpful evidence include:

  • Detailed medical records and doctor’s notes
  • Bills and receipts for medical treatment
  • Reports you filed with your employer
  • Photos of the work site or accident scene
  • Witness statements from coworkers who saw the incident
  • A daily pain or treatment journal
  • Any communication with your employer or workers compensation insurance

The right workers compensation attorney will help you gather and organize this information to build a strong appeal.

Don’t Miss Your Appeal Deadline

One of the biggest mistakes injured workers make is missing the deadline to file an appeal. In South Carolina, you generally have 14 days to request a hearing with the Workers’ Compensation Commission after your claim is denied. Waiting too long could cost you the benefits you deserve.

Your attorney can help you file the right forms and prepare for your hearing. It’s a detailed process, but you don’t have to go through it alone.

How a Workers Compensation Attorney Can Help

Workers compensation attorney in having a consultation with a client

You might be wondering if you really need to hire an attorney. The short answer? Yes. If your workers compensation claim is denied, you need someone who knows how to stand up to the insurance company and your employer, gather the right evidence, and fight for you in court.

At Christmas Injury Lawyers, we know every tactic the insurance companies use to deny your claim. We’ve been handling workers comp claims for decades, and we’re trial lawyers — we don’t just settle when the going gets tough. If your case goes before a judge, we’re ready.

When you choose us, you get a team who will:

  • Thoroughly investigate how your injury occurred
  • Collect medical evidence to prove your case
  • Handle the paperwork and legal forms needed to file an appeal
  • Stand up to the insurance company when they try to avoid paying
  • Represent you in a hearing and fight for your rights in front of a judge
  • Keep you informed every step of the way

You’re not just another comp claim to us — you’re family. We know how stressful and exhausting this process is when you’re injured and can’t work. Let us carry the legal burden while you focus on your medical treatment and healing.

What Are the Benefits You Can Receive?

If your workers compensation claim is approved after an appeal, you may be entitled to several types of workers compensation benefits, including:

  • Coverage for all necessary medical treatment
  • Payment for lost wages if you’re unable to work
  • Compensation for any permanent disability or impairment
  • Vocational rehabilitation if you can’t return to your previous job
  • Reimbursement for travel to and from medical appointments

When your claim is denied, these benefits don’t just disappear — but you must fight for them.

Frequently Asked Questions About Denied Workers Compensation Claims

Denied claim to the left, person asking themselves what to do to the right

What should I do immediately if my workers comp claim is denied?

If your claim is denied, stay calm. Read the denial letter, write down any questions, and contact a qualified workers compensation attorney right away. Don’t wait — you have limited time to file an appeal.

Why does my employer want to deny my claim?

Employers and insurance companies may deny your claim to save money. They might claim your injury was pre existing, that you weren’t following safety rules, or that the injury didn’t happen while you were doing your job. Don’t accept this — you have rights.

Can I still see my doctor if my claim is denied?

Yes, but you may need to pay upfront until your appeal is resolved. Keep following your doctor’s orders. Your medical records are critical evidence.

How long does the process take after I file an appeal?

Every case is different. Some workers comp appeals resolve in weeks, others take months. It depends on the evidence, the complexity of your case, and whether you need a hearing before a judge.

How much does it cost to hire Christmas Injury Lawyers?

There’s no upfront cost. We offer a free consultation and work on a contingency basis — you don’t pay unless we win money for you.

Don’t Give Up — Get the Help You Need Today With a Free Consultation

Customer service agent taking a call from potencial client

If you’re dealing with a denied workers compensation claim, don’t face this fight alone. You deserve trial lawyers who know how to level the playing field. At Christmas Injury Lawyers, we treat you like family — because to us, you are.

Contact us today for your free consultation. Let us fight the insurance company while you focus on healing. We’re ready to help you file an appeal, gather evidence, and fight for the benefits you deserve.

Call Christmas Injury Lawyers now, or click ‘Contact Us’ to get started. You don’t have to carry this burden alone — we’re here to help you move forward with confidence.

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Our Charleston Personal Injury Lawyers are Here to Help You

At Christmas Injury Lawyers, our South Carolina injury lawyers provide representation after collisions, work accidents, construction accidents, accidents on property, and many other types of personal injuries. We believe firmly in the rights of injured victims and we have dedicated our careers to fighting for those whose lives have been derailed by accidents.

North Charleston Office
(843) 874-6564
1495 Remount Road
North Charleston, SC
Summerville Office
(843) 874-6564
105 S Cedar 
Suite D 
Summerville, SC 29483
Mt. Pleasant Office
(843) 874-6564
250 Mathis Ferry Road.
Suite 102
Mt. Pleasant, SC 29464
Columbia Office
(803) 766-0707
3135 Millwood Ave
Suite A3
Columbia, SC 29205
Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute client relationship. Every case is different and past results do not mean that the same results can be achieved in a different case. For contingency fees, attorney's fees are calculated before client case costs/expenses. 
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