In the state of South Carolina, employers are required to purchase worker’s compensation coverage for their employees. This coverage is there to help If you’re injured on the job and you’re entitled to make a claim for worker’s compensation benefits. Unfortunately, just because you can make a claim, that doesn’t mean your employer is going to make it easy for you to get the benefits you deserve. Here are just a few reasons why your employer dispute workers compensation claim and what you can do about it.
Reason #1 Why your employer dispute workers compensation claim: Premium Costs
Multiple claims can cause an employer’s insurance premium to increase significantly. To save money, many employers will try to dispute a worker’s compensation claim. If there is any question or doubt as to the accident and your injuries, your employer and their insurance company can try to collect evidence against you to contest your claim.
Reason #2: Bias
Your employer is not always on your side. This is especially true when it comes to workers comp cases. Many times employers flat out refuse to believe that some injuries are serious or even valid. They may assume the workers that apply for benefits are just trying to “rip the company off”, especially in cases involving carpal tunnel syndrome, other repetitive stress injuries, and lumbar back injuries that may be more difficult to pinpoint the cause of. Does this mean your case and your pain is invalid? Absolutely not.
When can an employer dispute your workers comp claim?
An employer can dispute workers compensation claim if they believe:
- You haven’t sustained serious injuries requiring medical treatment.
- The accident or your injuries don’t relate to work. Coverage is available only for on the job injuries or injuries caused by performing job-related duties.
- You don’t need time off from work for your injury. The injuries aren’t serious enough or don’t affect the areas of your body needed to perform your job.
- Injuries were pre-existing due to natural aging or a prior injury, unrelated to work, aggravated or worsened by a work-related injury.
- You didn’t file the claim in time. In order to file a claim, you have 30 days to report an accident to your employer.
- You aren’t truthful about the accident or your injuries.
- Lack of evidence.
Fighting back against your employer for denial of benefits
If you receive a notice that your workers comp claim has been denied, you have the option to write to your employer’s workers compensation insurance carrier directly. Occasionally, this helps to solve the problem but not always.
In a dispute, dealing with your employer is difficult and stressful. If you’re having a hard time with your employer and their insurance company, it’s in your best interest to contact an experienced workers comp attorney who will help you fight to get the benefits you deserve.
