Was your SC Workers Compensation Claim Denied?

If your South Carolina Workers Compensation claim was denied, we encourage you to speak with a Columbia Workers Compensation Attorney as soon as possible. More than likely you will be required to request a hearing before the South Carolina Workers Compensation Commission in Columbia. We have been successful on many occasions having the Commission determine that the claim was wrongfully denied. Here are a few of common reasons that may be argued to deny your claim:

Common Reasons of Employers and Insurance Companies to Deny your Workers Compensation Claim:

  • Missed deadlines — Your claim could be denied if you fail to notify your employer within 90 days of a workplace accident. You also have a short time period to file a claim. In certain cases, it may not be clear exactly when an injury develops, such as repetitive stress injuries (carpal tunnel syndrome) or chronic illnesses (continuous exposure to hazardous chemicals or asbestos-related diseases). Also, many employer may claim an injured worker is barred from benefits if they don’t report a work injury “within 24 hours” or some other period of time. If your employer claims you missed the deadline but you believe that there were special circumstances or that you actually did let your employer know on time, you should contact a workers’ compensation attorney for help in proving your claim.
  • Improper Behavior or Failing to Follow Rules — Your employer may try to claim that you were negligent or did something wrong and that you should not receive workers comp benefits as a result. South Carolina workers compensation is a “no fault” system. It is a rare situation, where an employee is disqualified from receiving workers’ compensation benefits as a result of his or her own actions. Unless you intentionally hurt yourself or were intoxicated at work and the employer can prove that your intoxication was the cause of your work injury, you should not be disqualified based on your own actions, even if you were careless.
  • “Off-the-job” injuries – In some cases, your employer might claim that your injury was not work-related and that you should not receive benefits as a result. If you were in the course and scope of your employment at the time of the work-related injury, then your claim may have been improperly denied. Under South Carolina workers’ comp laws, the definition of “work-related” injury is generally very broad, even if the injury happens outside of normal working hours or away from your normal job site.
  • Not An Employee — Workers’ compensation benefits only applies to employees. Some employers will improperly classify workers as “independent contractors” or “subcontractors” instead of employees in order to avoid paying workers compensation benefits. Under the law, the determination of whether you were an employee focuses on the right to exercise control, how you were paid, furnishing of tools and equipment, and the right to fire. If you can prove facts sufficient to show that you were really an employee, then you could receive workers’ compensation benefits for your workplace injury.
  • Pre-Existing Conditions — Employers sometimes deny claims based on the fact that you had a pre-existing condition when your work injury occurred. This is especially true in many back and neck injuries where individual often have natural degenerative changes. However, you can still receive benefits if your workplace accident aggravated or worsened your condition. Proving the extent of your work injuries and your right to benefits is complicated in these situations, so you should consult with a lawyer for help.
  • Job Injury Not Correctly Reported — Your employer might argue that the injury did not happen as described. The employer and the insurance company will often assert that you are exaggerating your injury and will attempt to argue that your injury is not as severe as claimed. In many case, the employer tries to use the opinion of a doctor of its choosing to show that you are not entitled to receive the benefits, and in those circumstances, you may have the right to ask for an independent medical examination.
  • For No Good Reason At All It has been our experience that your workers compensation claim may be denied by the employer for no good reason at all, other than to demoralize you as an employee and to make you feel bad about pursuing your legal rights.
  • Your Employment Application  — Employers may argue that your claim should be denied because you did not correctly answer or fully disclose information on your pre-employment work application, such as your work history, prior injuries, or physical work restrictions.

Contact a Columbia Workers Compensation Attorney If your Claim was Denied.

If your workers compensation claim was denied, call this experienced Columbia Workers Compensation law firm today at (803) 350-9230 to speak with Attorney Robert F. Goings, or click here to fill out an online case evaluation form. There is no obligation or charge to see if we can help.


What Clients are saying

100 stars! Mr. Goings and his staff did an amazing job in handling my case! They were with me every step of the way and made sure my case was handled with my best interest at heart! The process could not have been any easier. I am forever grateful to Mr. Goings and his team. South Carolina’s best attorney!

- Tiffany AL

Robert is the best attorney ever… you need legal representation. .. he is the one to go to.

- Jason D

After representing me after I fell down the stairs at work and injured my back, I would recommend the Goings Law Firm to handle any personal injury matter. Robert and Jessica made me feel like my case mattered to them and that my goals were their goals. They were tireless advocates for me yet they were also willing to be upfront and honest in their assessments of my options going forward. I never felt pressured to choose one course of action over the other. They treated my case like their own.

- Anonymous

Mr. Goings is an outstanding attorney. Dealing with a personal injury case can be frustrating and quite stressful. Mr. Goings and his office took care of my case with the upmost compassion and professionalism. They treated me like family. Mr. Goings is hard-working and determined to fight for his clients’ rights. I highly recommend him to anyone in need of a personal injury attorney.

- Anonymous

When I looked for an attorney for my bad car accident, I read the reviews for the Goings Law Firm. This firm had great reviews so I contacted them. Thankfully, Mr. Goings took my case and fully explained the process to me and he took the worry out of my mind. Before hiring him, I tried to settle my case with the insurance company on my own, but I was low balled- Mr. Goings and his office got me a lot more than I ever imagined. A big thanks to his office!

- Anonymous

The Goings Law Firm went above and beyond assisting me after a serious auto accident. Robert Goings and Katie Gould were thorough and kind explaining every step of the process to me, sometimes more than once. Robert was persistent and professional making sure that we received the highest allowable compensation from all parties. I could not have been more pleased with the overall outcome.

- Car Accident Client

It has been a great experience having you represent my family as Our Attorney. I have learned a lot, and have come to understand the importance of good counsel. You and your team are the best. You guys are officially our family Law Firm. Thanks Robert.

- Workers’ Comp Client

Words cannot adequately express my gratitude for Robert Goings, and his amazingly talented team at Goings Law Firm, LLC. Mr. Goings was always genuinely concerned about my health, and overall well-being, was instrumental in recommending the best medical treatment plan for my injury, and most importantly, he treated me as if I were family. Mr. Goings was extremely attentive to every detail regarding my case, and he executed professional results and recovery, well beyond my greatest expectation.

- Slip and Fall Client

Robert Goings was my lawyer when I was in a terrible car accident caused by a drunk driver. I would not be where I am today without Robert and his staff. He worked very hard for me and was with me from the beginning to the end. He stuck to his word and got me the compensation that I deserved. I really appreciate what Robert and his office has done for me.

- Personal Injury Client

Mr. Goings worked tirelessly to resolve my husband’s case, despite the fact my husband wasn’t always the best client, and we still ended up with the best possible outcome because, in my opinion, we had the best attorney. Robert Goings is a professional, caring, experienced attorney with an amazing paralegal, Katie, and a wonderful support staff. If you need legal representation, The Goings Law Firm is the only call you need to make.

- Personal Injury Client

Mr. Goings stood up for my Constitutional Rights. He is a not your typical lawyer and you can trust him like a friend. His staff is very friendly, accommodating, and helpful throughout the entire process.

- Anonymous

Mr. Goings welcomed me in as family, he kept in contact with me about my case all the way to the end.. He works very hard to get justice.. Him and his team is very polite and hard workers.. He deserve more then 5 stars if I had to do it all over again he would be the call.. If anyone is looking for a personal injury lawyer he would be the right person to call don’t hesitate to call.. I thank him and his staff so much for everything they have done for me.

- Personal Injury Client

Hands down one of the BEST attorneys in the state!! Robert Goings exceeded all of my expectations. He welcomed me and my daughter with open arms and he kept me informed every step of the way. I knew exactly what was going on in my case and I really like that about him. His entire staff was awesome and I would definitely recommend him to anyone looking for a personal injury attorney. I guarantee you, you will be very pleased with Mr. Goings. Honestly, he definitely deserves more than 5 stars!!

- Personal Injury Client

After being rear ended in a car accident, I needed help navigating the insurance settlement. Having never needed the services of an attorney, I was very anxious about the whole process. Robert Goings & his staff were excellent to work with; at no point did I question my decision or feel that we would achieve anything less than the best possible settlement. I would never hesitate to recommend him to family, friends or strangers!

- Car Accident Client

Goings Law Firm was very helpful and patient with me. Goings Law Firm educated me about the legal side of things and help me understand my case. I would recommend Goings Law Firm to anyone.

- Workers’ Comp Client

Mr. Goings was caring and professional during a very difficult time in my life. I was faced with the sudden loss of my mother in a car accident, and Robert took the time to talk to me and check up on me throughout the duration of the case. I applaud his sensitivity and willingness to go the extra mile. I would recommend his firm to anyone that wants the best legal representation in South Carolina!

- Personal Injury Client

Robert and his staff have gone above and beyond, they are absolutely amazing at what they do. I would definitely call his office again if the need should arise.

- Workers’ Comp Client

I highly recommend Robert Goings! He is absolutely incredible!!! I had suffered from a dog bite injury and Robert went above and beyond to have me taken care of. He is extremely personable, I never felt like a “client”. He and his staff treated me as well as my family with genuine kindness. I am blessed to have had him take such great care of me and my case.

- Dog Bite Client

He was very kind and knowledgeable. He gave me status updates in a timely matter. I was VERY pleased.

- Personal Injury Client