There are thousands of employers in South Carolina, and most stand behind their employees when they are injured on the job. Unfortunately, there are also employers that try to sidestep their responsibility to pay and injured worker’s benefits. The employers who behave in this manner are often more focused on their bottom line than on doing what is right. Here are some of the most common reasons that employers give for rejecting a workers’ compensation claim:
- No Notice
Denying a claim because an employee failed to provide proper notice is one of the most common tactics. The employer may say that they have a policy in place that requires workers to report any accident or injury within 24 hours of the incident. No matter what your employer’s policy is, state law says that you have 90 days to report an injury that occurred on the job.
- Outside the Scope
Some employers try to deny claims by stating that the injured employee was acting outside of the scope of their job duties. This, in the employer’s mind, means that the employee is not eligible for benefits. In some cases, this may be true. In other cases, acting outside the scope of your duties is covered. In these cases, it is best to speak with a knowledgeable attorney.
When you are hurt on the job, you will normally be asked to take a drug test. If you test positive, your employer may try to claim that your injury or accident was a direct result of you being intoxicated while working. What you need to know is that your employer has to meet a very high legal standard to prove that you were impaired and that your impairment contributed to your accident. Your claim cannot be denied on the sole basis of a positive drug test.
- Gradual Injury
Your employer may try to deny your claim because you were not injured as the direct result of an accident. Instead, your injury is the result of repeated movements over time. You do not have to have suffered a traumatic accident to qualify for workers’ compensation.
If you have been injured on the job, you may have a right to compensation. Our experienced workers’ compensation attorneys will review the facts of your case and advise you how to best proceed. Call our offices today for a free initial consultation. We are here for you. Call now.