What to Do If Your Employer Failed to Report Your Injury

workers accident insurance

In South Carolina, injured workers must notify an employer of a job-related injury as soon as possible and within 90 days to remain eligible for workers’ compensation benefits. Employers are then responsible for notifying their workers’ compensation insurance company of the incident and filing the required forms. But what happens if your employer fails to report your injury? You have rights and can take action yourself.

Why Would an Employer Refuse to Report a Workplace Injury?

Employers may have numerous reasons for not reporting a workplace injury. In some cases, it may be as simple as an administrative error. In others, they may worry about higher workers’ compensation insurance premiums or an increase in claims by other employees.

Alternatively, they may dispute your workers’ comp claim specifically. They might argue:

  • You have insufficient proof of injuries.
  • You have a pre-existing condition that is responsible for your symptoms.
  • Your injury didn’t happen at work.
  • You’re exaggerating.
  • You’re an independent contractor and not covered.

Seeking guidance from a workers’ compensation lawyer at the first sign of trouble can help you understand your legal options and move the process along.

Steps to Take If Your Employer Failed to Report Your Injury

The state workers’ compensation system allows you to pursue workers’ comp benefits even though your employer didn’t report your injury.

Here’s what to do:

  • Document when you reported your injury and to whom.
  • Keep a copy of the written notice and all your medical records.
  • File a Form 50 with the South Carolina Workers’ Compensation Commission (SCWCC) to initiate your claim, preserve your benefits, and request a hearing if necessary.
  • Contact a seasoned South Carolina workers’ compensation attorney to represent you.
  • Attend any informal conferences or formal hearings before the SCWCC.

Time Limits for Workers’ Compensation Claims in South Carolina

More than one time limit for workers’ compensation claims applies in South Carolina:

  • 90 days – To notify your employer of the work injury
  • 2 years – From the date of the accident to file a claim with the Commission

Failure to report your injury on time may disqualify you from receiving benefits.

Workers’ Compensation Benefits If Your Employer Failed to Report Your Injury

Even if your employer didn’t report your injury, as long as you reported your injury before the deadline, you could be eligible for workers’ comp benefits that include:

  • Medical expenses – Your employer (or its insurance carrier) has the right to choose your treating doctor. Any initial emergency medical care doesn’t count, but every follow-up appointment must be approved before workers’ comp will pay for it. Covered expenses include any reasonable and necessary medical treatment related to the injury.
  • Lost wages – If you are unable to work, you may receive temporary total disability (TTD) benefits equal to 66 and 2/3 percent of your average weekly wage (AWW), based on the four quarters before your injury, subject to the annual statewide maximum. If you can work but earn less, you may receive temporary partial disability (TPD) benefits equal to 66 and 2/3 percent of the difference between your pre-injury AWW and your current earnings.
  • Permanent disability – If your injury resulted in permanent impairment, you may be entitled to permanent disability. The amount of this payment is based on your AWW and the severity of your injury under South Carolina law.

When to Contact a Workers’ Compensation Lawyer in Manning, SC

Although you can pursue your workers’ compensation claim on your own, hiring an experienced workers’ compensation attorney as soon as you’ve received your first medical treatment is wise. You can focus on healing from your injuries while your lawyer prepares your paperwork, gathers crucial evidence, and meets all filing deadlines. If the employer or insurer challenges your case, your attorney can represent you in any hearings and appeals before the Commission.

With 120 years of combined legal experience, the South Carolina attorneys at Land Parker Welch can assist with every aspect of your workers’ compensation case. Call or contact us today for a free consultation.