How to File for Workers’ Compensation in South Carolina
People sustain injuries and illnesses from their work often. And in South Carolina, employers with 4 or more employees are required by law to carry workers’ compensation insurance which generally covers hospital and medical expenses, as well as disability payments, while injured employees are unable to work. Workers’ comp can be incredibly helpful in a tough time; however, there are steps you need to follow to file. If you fail to follow some of these steps, it could lead to your claim being denied. An experienced workers’ comp attorney can help you through the process.
Step #1 – Report All Injuries Immediately to Your Employer
When you get injured at work, it’s important to tell your employer as soon as possible. This should be done in writing if at all possible.
It’s always good practice to have a paper trail when it comes to workers’ compensation claims.
In South Carolina, you have 90 days from the day of the accident to report your injury to your employer; otherwise, you may lose your benefits. The earlier that you report your injuries the better, as delayed reporting may lead to the denial of your workers’ compensation benefits.
After you report your injury to your employer, you have up to two years to file a workers’ compensation claim in South Carolina. In the event that an employee dies from work-related injuries, the employee’s family, dependents, or parents must file the claim within two years of the death. These two-year deadlines are called statutes of limitations.
Step #2: Ask Your Employer to Cover Your Medical Treatment and File a Workers’ Comp Claim
It is your employer’s responsibility to file a claim with the South Carolina Workers’ Compensation Commission (SCWCC). If your employer’s insurance accepts your claim, then you could start receiving benefits right away. If your employer’s insurance denies your claim, ask them to put in writing why they denied it, and call a South Carolina workers’ compensation attorney to walk you through your options. Even if your claim is approved, it is still a good idea to talk with a South Carolina workers’ compensation lawyer to see if you are getting all the benefits you may be entitled.
Note: Don’t disregard an injury that happened at work out of a misplaced sense of loyalty to your employer. Your employer has workers’ compensation insurance to protect you in case you are harmed on the job, as well as to protect their business.
Step #3: Consider Filing a Claim or Requesting a Hearing with the South Carolina Workers’ Compensation Committee
This step may be necessary if your employer doesn’t report your accident with the Commission. Or the insurance company denies your claim. Or you think you did not receive your full benefits (this happens surprisingly often). A qualified workers’ comp lawyer can guide you through this process. If you want to try to file a workers’ comp claim in South Carolina or request a hearing with the SCWCC by yourself:
- File a claim by filling out and submitting Form 50 (in case of work-related injuries) or Form 52 (in case of work-related death) to the Commission.
- Request a hearing by indicating this desire on the claim form (Line 13b on Form 50 or Line 12b on Form 52).
- At a hearing, a commissioner will determine the outcome of your case.
- If you are not satisfied with the commissioner’s decision, you may file an appeal to be reviewed by a panel of Commissioners.
Note: Be careful, an error on this paperwork could damage your workers’ compensation claim.
Contact Our Workers’ Compensation Attorneys
Give us a call at 1-866-900-7078 to see if we can help. Once we take your case, our South Carolina workman’s comp legal team will help guide you through this entire process – from accurately filling out the right forms to presenting your strongest possible case for compensation.