Workplace injuries require quick action.
In South Carolina, notifying your employer immediately after an injury is crucial for securing workers’ compensation benefits. Without proper reporting, you risk delays in medical treatment and losing access to compensation.
Knowing the rules for reporting helps ensure you protect your rights from the start.
Under South Carolina law, you have 90 days from the accident to report it to your employer to qualify for workers’ compensation benefits. If you wait too long, you might not be eligible for benefits.
Reporting the accident is different from filing for workers’ comp benefits. Although you have a 90-day deadline to report the injury, you have up to two years to file the actual claim for workers’ compensation benefits.
Exceptions to the above rules include when you show the employer knew of the accident or when you were prevented from giving notice due to physical or mental incapacity or the fraud or deceit of a third party.
For cases involving a repetitive injury such as tendonitis or carpal tunnel syndrome, the law says you must give your employer notice within 90 days of the date you “discovered or could have discovered by exercising reasonable diligence” that you knew that the condition was work-related.
Contact Joye Law Firm today for a free evaluation of your case at (843)-324-3100. We are here to offer guidance on protecting your rights after a workplace injury.
Steps to Take After a Work Injury
- Report the injury immediately
Tell your employer or supervisor about the injury as soon as it happens. South Carolina law requires you to report the injury within 90 days, but notifying them immediately helps avoid complications. - Document the incident
Write down the details of how and when the injury occurred. Include specifics like the time, location, and any witnesses present. This information supports your claim and helps avoid disputes later. - Seek medical attention
Visit an approved medical provider selected by your employer or their workers’ compensation insurance. Follow the doctor’s instructions and keep records of your treatment. - File a workers’ compensation claim
Your employer should provide the necessary forms and information to file your workers’ comp claim. - Keep track of all communications and documents
Save copies of medical records, reports, and correspondence with your employer or insurance company. This documentation will help if any issues arise during the claims process. - Follow up on your claim
Stay in contact with your employer’s insurance provider to ensure your claim is being processed. If delays or problems occur, consult a workers’ compensation attorney to protect your rights.
When you report the injury to your employer, you must also request medical treatment. You are entitled to any treatment necessary to lessen your disability.
Under workers’ compensation laws, your employer chooses the doctor. Make sure to tell the doctor that workers’ compensation covers your injury.
Typically, your employer will file the claim. But if not, you may file the claim personally with the South Carolina Workers’ Compensation Commission if your employer denies you were injured. To do this, you should submit Form 50 by registered mail or Form 52 if the case involves a death.
In cases of occupational diseases, you have two years from a diagnosis definitively as having the occupational disease and have been notified of the diagnosis. For a repetitive trauma injury, a claim must be filed with the commission within two years after you knew or should have known of the injury.
With the strict deadlines and complex processes, it is highly advisable to consult an experienced South Carolina workers’ compensation attorney to ensure you receive all the compensation benefits you deserve.
Consequences of Failing to Report on Time
Failing to report your work injury within the required 90-day window risks losing workers’ compensation benefits eligibility. Without proper notification, your employer and insurance provider may deny your claim, leaving you responsible for medical bills and lost wages.
Delaying your report could make it harder to prove the injury occurred at work, which could lead to more challenges in receiving compensation.
Reporting on time protects your rights and ensures your claim moves forward without unnecessary obstacles.
Don’t wait until it’s too late—consult with an attorney at Joye Law Firm now to avoid costly mistakes.
