What to Do If Your Workers’ Comp Claim is Denied

Reviewed By: Personal Injury Team Last Updated: July 30, 2026

Your recent work-related accident has left you injured and looking down a long road to recovery. With mounting medical bills and time away from work, you’re relying on your workers’ compensation claim to help ease your worry…

But what do you do if that main source of relief – the workers’ comp claim – was denied? 

Unfortunately, many reasons could account for why your claim was denied in South Carolina. Clouded in confusion and worry, many are left unsure of what options – if any – they have left. 

Don’t let yourself be consumed by a denied claim! At Hoffman Law Firm, our workers’ compensation attorneys are skilled in SC law and will serve as your advocate throughout your case. 

Keep reading to find out how our workers’ comp attorneys near you can help! 

Why Your Workers’ Comp Claim May Be Denied

For those who file a workers’ compensation claim, the claim itself is not handled by the employer but rather by the South Carolina Workers’ Compensation Commission (WCC). 

The commission can deny your claim for a number of reasons, including: 

Missed Deadlines

When you suffer an injury from a work-related incident, you have 90 days to report the incident to your employer. Failure to report the injury within that deadline could result in a denial and subsequent loss of benefits. Deadlines may differ for cases involving repetitive injuries or occupational illnesses that develop over time. 

Incorrect Classification

If you are classified as an independent contractor, you are not eligible to receive the benefits tied to workers’ compensation. However, it is possible to be misclassified as an independent contractor. In this instance, you would need to prove you are an actual employee of the company. 

Alleged  Misbehavior

South Carolina worker’s compensation is considered a “no-fault” system. This means even if the injury was due to your negligence, you are still eligible to receive the benefits. However, if an employee, for example, is accused of being under the influence of alcohol while on the job, it may result in a denial. 

Inadequate Proof 

In some cases, the insurance company may decide there is not enough proof to proceed with the claim. Your claim may require further proof, such as independent examinations, to receive compensation. Before agreeing to these exams, speak with your workers’ compensation lawyer. 

Non-Work Related Injury

An employer may argue that your injury did not occur while on the job. In this case, you may be required to submit proof that your injuries took place during the course of your employment. 

My Claim was Denied…What Should I Do Next? 

The denial of a claim does not necessarily make it final. You have the right to challenge the reasons behind your denial, but navigating the legal complexities of the claims process on your own can make it all the more difficult to advocate for yourself. 

That’s why putting your case in the hands of a workers’ compensation attorney you trust can not only help ease your mind but give you the best chance at receiving compensation. That’s where the experienced attorneys at Hoffman Law Firm can help! 

Around half of the estimated 7,000 workers’ compensation hearings that take place each year end up winning their case and being awarded the benefits–benefits they were initially denied. 

How A Workers’ Comp Attorney Can Help You File an Appeal

While you focus on your recovery, your attorney at Hoffman Law Firm will start the process of filing an appeal for your originally denied claim of workers’ compensation in SC. 

The first step in the process will be to submit a hearing request to the South Carolina WCC, which will then be heard by a single commissioner. The commissioner assigned to your case will then issue a decision on whether you should be approved for benefits – or denied again. 

In this case, you may appeal the single commissioner’s decision to the full commission, called a Commission Review. 

Whether your case is appealed on the initial level or reaches a Commission Review, our team of legal professionals will guide you every step of the way and continue to fight for your rights to compensation. 

Workers’ Comp Claim Denied? Hoffman Law Firm Can Help 

Has a recently denied worker’s compensation claim stolen your peace of mind? Were the awarded benefits you received less than you think you deserve? 

Hoffman Law Firm is here to help, so contact us directly to discuss your legal options. $0 Upfront Attorney’s Fee. Free consultation


SOURCES & REFERENCES

LEARN MORE ABOUT WORKERS’ COMPENSATION CLAIMS

Want to make sure your Workers’ Compensation claim is fully protected? Explore these related guides from Hoffman Law Firm:


Disclaimer: This content is for informational purposes only and does not create an attorney-client relationship. Every workers’ compensation claim is unique, and the information provided may not apply to your specific situation. If you have questions about your rights after a workplace injury, consult a qualified South Carolina workers’ compensation attorney.

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