What Is a Denied Workers’ Comp Claim Case?

Had your workers' compensation claim denied in Georgia or South Carolina? Our attorneys challenge wrongful denials and fight to restore the benefits injured workers deserve.

— Reviewed by Eric Roden, Founding Partner, CEO at Roden Law

Fighting Wrongful Workers’ Compensation Denials

Receiving a denial letter for your workers’ compensation claim can feel devastating — especially when you are dealing with painful injuries, mounting medical bills, and lost income. Unfortunately, initial claim denials are common. Insurance companies deny workers’ comp claims for a variety of reasons, many of which can be successfully challenged through the administrative hearing process. According to industry data, a significant percentage of denied claims are ultimately overturned when workers retain experienced legal representation.

At Roden Law, our workers’ comp denial attorneys represent injured workers throughout Georgia and South Carolina whose claims have been wrongfully denied, delayed, or terminated. We understand the appeals process in both states and aggressively fight to restore the benefits our clients are owed.

Common Reasons Workers’ Comp Claims Are Denied

Insurance companies deny workers’ compensation claims for a range of reasons, including:

  • Missed reporting deadlines: Georgia requires injury reporting within 30 days (O.C.G.A. § 34-9-80); South Carolina within 90 days (S.C. Code § 42-15-20)
  • Disputed work-relatedness: The insurer claims the injury did not arise out of employment
  • Pre-existing conditions: The insurer attributes your symptoms to a prior condition rather than the workplace incident
  • Insufficient medical evidence: Medical records do not adequately document the injury or link it to work
  • Independent medical examination (IME) disputes: The insurer’s chosen doctor contradicts your treating physician
  • Employer disputes: The employer contests the claim, alleging the injury did not occur at work or was caused by horseplay or intoxication
  • Late filing: The claim was filed after the statute of limitations — one year in Georgia (O.C.G.A. § 34-9-82), two years in South Carolina (S.C. Code § 42-15-40)

The Georgia Workers’ Comp Appeals Process

If your workers’ comp claim is denied in Georgia, you can challenge the denial by filing a WC-14 Request for Hearing with the State Board of Workers’ Compensation. The process involves a hearing before an Administrative Law Judge (ALJ) who evaluates medical evidence, witness testimony, and legal arguments. If the ALJ rules against you, further appeals are available to the Appellate Division of the State Board and ultimately to the Superior Court. At every stage, having an experienced attorney significantly improves the likelihood of a favorable outcome.

The South Carolina Workers’ Comp Appeals Process

In South Carolina, denied claims are heard by the Workers’ Compensation Commission. You file a Form 50 to request a hearing before a commissioner. The hearing functions like a mini-trial, with testimony, cross-examination, and documentary evidence. Unfavorable decisions can be appealed to the Full Commission and then to the South Carolina Court of Appeals. South Carolina’s process requires strict adherence to procedural rules and evidentiary standards — mistakes can result in the loss of benefits.

Strategies for Overturning a Denial

Our attorneys use proven strategies to challenge wrongful denials:

  • Obtaining detailed medical opinions from treating physicians linking the injury to workplace duties
  • Challenging the insurer’s IME doctor with cross-examination and competing expert testimony
  • Gathering workplace evidence including incident reports, safety records, and witness statements
  • Demonstrating that pre-existing conditions were aggravated by workplace activities
  • Filing motions for emergency medical treatment when the denial puts the worker’s health at risk

Why Choose Roden Law to Appeal Your Denied Claim

A denied workers’ comp claim is not the end of the road. Our attorneys have extensive experience before the Georgia State Board of Workers’ Compensation and the South Carolina Workers’ Compensation Commission. We handle every aspect of the appeal, from gathering medical evidence to presenting your case at hearing. There is no fee unless we successfully overturn the denial and secure your benefits. If you have a related third-party workplace injury claim, we pursue both avenues simultaneously for maximum recovery.

Free Case Review — No Fees Unless We Win Available 24/7 · Georgia & South Carolina
844-RESULTS

What to Do After A denied workers’ comp claim

  1. Ensure safety and call 911. Move to a safe location if possible. Call emergency services to report the accident and request medical attention for anyone injured.
  2. Seek immediate medical attention. Even if injuries seem minor, get examined by a doctor. Some injuries — such as traumatic brain injuries or internal bleeding — may not show symptoms immediately.
  3. Document the scene. Take photos of all vehicles, injuries, road conditions, traffic signs, and any visible damage. Collect names and contact information from witnesses.
  4. Exchange information with all parties. Get the other driver's name, insurance information, license plate number, and driver's license number. Do not admit fault or apologize.
  5. Report the accident to police. your state law requires accident reports when there are injuries or significant property damage. Request a copy of the police report.
  6. Notify your insurance company. Report the accident to your insurer promptly. Provide factual information only — do not speculate about fault or the extent of your injuries.
  7. Contact an experienced personal injury attorney. An attorney can protect your rights, handle communications with insurance companies, and help you pursue the full compensation you deserve. Roden Law offers free consultations — call today.

Proving Your Denied Workers’ Comp Claim Case

To win a personal injury case involving a denied workers’ comp claim, your attorney must establish the four elements of negligence by a preponderance of the evidence.

01

Duty of Care

The other party owed you a legal duty to act in a manner that ensured your safety.

02

Breach of Duty

The other party breached that duty by failing to act as a reasonably prudent person would have.

03

Causation

The breach directly caused your injuries. We gather evidence proving that but for their negligence, you would not have been harmed.

04

Damages

You suffered actual, quantifiable damages — medical expenses, lost income, pain and suffering — as a direct result.

Compensation Available in Denied Workers’ Comp Claim Cases

Victims of a denied workers’ comp claim injuries in Georgia and South Carolina can pursue economic damages (quantifiable financial losses) and non-economic damages (quality-of-life impacts). There is no cap on compensatory damages in either state.

Economic Damages

  • Past and future medical expenses
  • Lost wages or income
  • Loss of earning capacity
  • Property damage and repair/replacement
  • Cost of rehabilitation and physical therapy
  • Assistive medical equipment
  • Cost of long-term or lifelong care

Non-Economic Damages

  • Pain and suffering
  • Mental and emotional distress
  • Loss of companionship (spouse/family)
  • Disability and disfigurement
  • Loss of enjoyment of life
  • Humiliation or loss of reputation

Non-economic damages can only be pursued through a personal injury lawsuit, not a standard insurance claim.

Statute of Limitations for Denied Workers’ Comp Claim Cases

The statute of limitations is the legal deadline for filing a personal injury lawsuit. In Georgia, you have 2 years from the date of injury (O.C.G.A. § 9-3-33). In South Carolina, you have 3 years (S.C. Code § 15-3-530). Missing this deadline permanently bars your claim.

🍑 Georgia Filing Deadline 2 Years O.C.G.A. § 9-3-33
🌙 South Carolina Filing Deadline 3 Years S.C. Code § 15-3-530

If you fail to file within the statute of limitations, your claim will be dismissed and you will permanently lose the right to pursue compensation.

What If I'm Partially At Fault?

🍑 Georgia — Modified Comparative Fault

You can recover if less than 50% at fault (O.C.G.A. § 51-12-33). Your award is reduced by your fault percentage.

🌙 South Carolina — Modified Comparative Fault

You can recover if less than 51% at fault. Your award is reduced by your fault percentage.

For example, if you filed a $100,000 lawsuit and a court finds you are 30% at fault, your award would be reduced to $70,000. Our attorneys work to minimize any fault assigned to you.

Free Case Review — No Fees Unless We Win Available 24/7 · Georgia & South Carolina
844-RESULTS

Roden Law Denied Workers’ Comp Claim Lawyers Results at a Glance

$250M+ Recovered for injured clients across Georgia and South Carolina
4.9 / 5.0 Average client rating based on 500+ verified reviews
5,000+ Cases successfully handled since 2013
62 years Combined attorney experience across 5 office locations

Source: Roden Law firm records and verified Google Business Profile reviews, updated April 2026.

Recent Case Results

Settlement $27,000,000 $27,000,000 Settlement | Truck Accident
Verdict $10,860,000 $10,860,000 Verdict | Product Liability
Recovery $9,800,000 $9,800,000 Recovery | Premises Liability

Results shown are gross settlement/verdict amounts before fees and costs. Past results do not guarantee similar outcomes.

About the Author

Eric Roden, Founding Partner, CEO at Roden Law

Eric Roden

Founding Partner, CEO State Bar of Georgia Georgia Court of Appeals Supreme Court of Georgia

Frequently Asked Questions

Contact Our Denied Workers’ Comp Claim Lawyers Today

If you were injured and believe another party is at fault, contact us for a free, no-obligation review. We dedicate our skills and resources to recovering the maximum compensation you deserve — at no upfront cost.