When you suffer an injury in a workplace accident or develop an illness due to your job, you may be entitled to benefits under South Carolina’s workers’ compensation laws. The workers' compensation program is a no-fault system which would pay you benefits regardless of who was at fault for causing your accident. However, you must follow the state’s laws on how and when to file a claim. It can feel overwhelming to figure out what you must do when you are in pain and coping with your injuries. Here, we explain the basics of how to file a workers’ compensation claim.
Reporting Your Injury Is the First Step in Filing a Workers’ Comp Claim
Your first concern should be obtaining the immediate medical care that you need for your injuries. Your next step should be to notify your employer of your injury or occupational illness. Under South Carolina law, you are required to report this to your employer within 90 days of your injury or development of an illness. However, it would be best to notify your employer as soon as possible after your accident. While it is acceptable to tell your employer orally, you should also notify your employer in writing and keep a copy of the notice for your records.
If you fail to inform your employer of your injury within this 90-day time period, you could waive your right to benefits. However, there may be exceptions to this deadline, so it is best to consult with an experienced workers’ compensation lawyer on whether you can still report your injury.
How Your Workers’ Compensation Claim Is Filed
Your employer is required to file your workers’ compensation claim within 10 days of the date that you inform them of your injury or illness. You may need to file your own claim in these situations:
- Your employer fails to file your claim within 10 days.
- Your employer denies responsibility for paying your workers’ comp benefits.
- You do not believe that you are receiving the benefits that you deserve.
You must file your claim within two years of your workplace accident or two years of the diagnosis of a work-related illness. However, like with reporting your accident, you strengthen your claim by filing your claim as soon as possible if this is necessary. You would do so by filing a Form 50 with the South Carolina Workers’ Compensation Commission.
Do you need to file a workers’ comp claim in South Carolina? Let our experienced workers’ compensation attorneys take over the burden of filing your claim and negotiating your settlement so that you receive what you are entitled to. Fill out our convenient online form to schedule your free consultation today.