Workers’ Compensation

Defenses to a Workers’ Compensation Claim

Affirmative Defenses:

Employers and their insurance companies often attempt to defeat the Workers’ Compensation claim of the injured worker by asserting any number of affirmative defenses. These are widely accepted excuses or reasons that the employer and insurance carrier use to justify their denial of the claim.

Traditionally, it was held that Workers’ Compensation claims can be defeated by proving that the worker was not injured “in the line of duty.”

The employer and insurance company may claim that the worker was injured because of some other factor or circumstance such as intoxication, or some deviation from his employment, such as engaging in some willful or intentionally harmful act, “horseplay,” a “personal errand,” etc., that is unrelated the performance of his actual work duties.

This is also why employers and insurance carriers always require drug testing at the time of any injury or accident.

The employer and insurance company may also raise defenses such as the worker’s misrepresentation of his physical condition on an application for employment.

The employer and carrier may also assert that the injured worker is not an employee as defined by the South Carolina Workers’ Compensation law but, rather an “independent contractor” or a “casual employee.”

The employer might simply claim through the insurance carrier that the worker’s injury is simply not covered by the South Carolina Workers’ Compensation law.

Other defenses in Workers’ Compensation claims might be more technical:

Insurance issues, such as lapses in coverage or a dispute between carriers over applicable coverage for a worker’s injury; the injured worker’s failure to properly bring a claim for Workers’ Compensation benefits within the statute of limitations, or his failure to timely report an injury to the employer.

The Law Office of Peter David Brown, P.A, and our experienced team of legal professionals will thoroughly investigate and quickly move to require Employers and insurance carriers to accept claims that have a lawful basis for coverage.

We will represent you and help guide the investigation to your benefit. If the employer refuses to accept the claim, we will file for a Hearing on the issue.

This will either force them to either accept a legitimate claim that they have been delaying or have denied or present evidence through their attorneys as to why they are not responsible for the injury and the subsequent treatment.

We will work to get your benefits started as quickly as possible.

This is why you need to hire an experienced Workers’ Compensation attorney to handle your claim. Please feel free to e-mail us at or call us at (843)971.0099. You can click here to reach us now and set up a no-cost conference to evaluate your claim.

Hurt on the job? We can help. (843) 971-0099

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