Topic guideUpdated 2026-02-27
Denied Workers' Comp Claims in South Carolina — Your Options
What to do when your South Carolina workers' compensation claim is denied, including dispute resolution and appeals.
Common Reasons for Denial
Claims are frequently denied for these reasons:
1
Late notice to employer (must be within Immediately or as soon as practicable; no later than 90 days after the accident or death (for repetitive trauma, 90 days after the employee discovered or reasonably could have discovered the condition is compensable), unless the Commission accepts a reasonable excuse and finds no prejudice to the employer) §42-15-20
2
Dispute over whether the injury is work-related
3
Pre-existing condition arguments
4
Missed medical appointments or non-compliance with treatment
5
Filing deadline expired (2 years from date of accident) §42-15-40
The Dispute Resolution Process
Appeals
Appeal to the Full Commission Appellate Panel, then to SC Court of Appeals and SC Supreme Court.
Independent Medical Examination (IME)
Commission may order an independent medical examination upon request of either party §42-17-30. The IME results can significantly impact your claim.
⚠If the insurer requests an IME, you must attend. Failure to appear can result in suspension of benefits.
✓Before attending an IME arranged by the insurer, consult with an attorney. You have the right to have your own medical evidence reviewed and considered.
Prepare for Your Consultation
Quick checklist (Workers’ Compensation)
Gather these before your first consultation.
Incident report
(employer report, date/time of injury)
Medical records
(doctor visits, diagnoses, treatment plans)
Wage documentation
(pay stubs, tax returns, employment records)
General preparation tips only. Specific needs depend on your state and claim type.
No Obligation
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Common Questions
Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
If you have a deadline, court notice, or upcoming hearing, mention it when requesting assistance so timing can be evaluated promptly.
Related guides
Legal authoritiesStatutes referenced on this page
S.C. Code § 42-17-40; 42-17-20
Dispute Resolution Process
Claims filed with the SC Workers' Compensation Commission; heard by a single commissioner.
Verified 2026-09-28 · quarterly review
S.C. Code § 42-15-20
Notice Deadline
Timely notice requirement: Immediately or as soon as practicable; no later than 90 days after the accident or death (for repetitive trauma, 90 days after the employee discovered or reasonably could have discovered the condition is compensable), unless the Commission accepts a reasonable excuse and finds no prejudice to the employer.
- Immediately or as soon as practicable; no later than 90 days after the accident or death (for repetitive trauma, 90 days after the employee discovered or reasonably could have discovered the condition is compensable), unless the Commission accepts a reasonable excuse and finds no prejudice to the employer
Verified 2026-09-28 · quarterly review
S.C. Code § 42-15-40
Filing Deadline
Statute of limitations: 2 years from date of accident.
- 2 years from date of accident
Verified 2026-09-24 · quarterly review
S.C. Code § 42-17-30
Independent Medical Examination
Commission may order an independent medical examination upon request of either party.
Verified 2026-09-24 · quarterly review
Read with S.C. Code § 42-17-40: S.C. Code § 42-17-20 ↗
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