Workers' Compensation Claim Filing Process

Filing a workers’ compensation claim may seem relatively straightforward, but it can be complicated, especially if your employer denies your claim or a dispute arises about your benefits. The initial steps are giving notice to the employer and requesting medical care, and filing a claim with the South Carolina Workers’ Compensation Commission if your employer has not reported your claim or your claim has been denied. If you need to appeal a denied claim, having an experienced attorney can make the process go more smoothly.

Our attorneys at Joye Law Firm can guide you through the process of pursuing workers’ compensation benefits if you have a work-related injury or disease. Respect, compassion, and care are what you can expect from our workers’ compensation lawyers and staff from the first time you contact us until your case is resolved. It is one of our law firm’s standing commitments that we return all phone calls within 24 hours or one business day.

By treating clients with respect and consideration and offering effective legal representation, Joye Law Firm has been in business for more than 50 years. Joye Law Firm has offices in North Charleston, Columbia, Clinton, and Myrtle Beach. We have helped injured workers and their families throughout South Carolina seek workers’ compensation benefits and recover not only compensation but their lives.

You can reach us at 888-324-3100 or fill out an online form for a free case review.

Important Deadlines During the Workers’ Comp Process

There are certain deadlines that you must meet in the workers’ compensation process in South Carolina.

The first deadline is for reporting your injury to your employer. Your injury must be reported to your employer within 90 days of the workplace accident. If you fail to report the injury within 90 days, you may lose your benefits.

Generally speaking, you must file a claim within two years after an accident. If the injured person is mentally incompetent or a minor and had no guardian, trustee or committee, the two-year limit does not apply.

After fatal workplace accidents, the worker’s dependents or parents have two years from the date of death to file a claim for workers’ compensation death benefits.

The deadline for filing a claim works differently with repetitive trauma injuries or occupational diseases. In a repetitive trauma case, you must file within two years of the time when you knew or should have known that the injury was compensable. However, your claim for a repetitive motion injury will be barred if it is filed more than seven years after the last date you were exposed to the source of the repetitive trauma in the workplace. The seven-year limit applies regardless of whether you were aware that your repetitive trauma injury was related to your employment.

If you are claiming workers’ compensation benefits for an occupational disease (asbestos-related mesothelioma, for example), the two-year filing period does not start until you have been diagnosed as having an occupational disease and have been notified of that diagnosis.

How Long Will My Workman Comp Claim Case Take in South Carolina?

Every workers’ compensation case has specific factors that affect how long it will take to settle the case.

The workers’ compensation claims process has several steps including mediation, an informal conference with a workers’ compensation commissioner and a formal hearing process.

South Carolina workers’ compensation commissioners conducted 2,972 informal conferences and 899 hearings for injured workers in the fiscal year 2018, according to the annual report.

A total of 274 decisions by workers’ compensation commissioners were appealed to the full Workers’ Compensation Commission.

If you cannot come to an agreement during the mediation process or informal conference process, a formal hearing will be scheduled in three to four months before a Workers’ Compensation Commissioner.

If there are multiple appeals, your claim may take twelves months or longer to settle.