Filing a workers’ compensation claim in South Carolina is a multi-step process. First, you must notify your employer of your injuries. Next, you must file a Form 50 or Form 52 with the South Carolina Workers’ Compensation Commission.
It sounds like a simple procedure, but a workers’ compensation claim can get complicated – particularly if your claim is disputed and you need to request a hearing from the commission. You also must pay attention and meet strict deadlines or your compensation claim could be barred.
Call the workplace injury lawyers at Land, Parker & Welch, P.A. for help with your workers’ compensation claim at (803) 435-8894 or use our online contact form for a free consultation.
Our firm has more than 120 years of combined experience assisting injured South Carolinians. We can also help families receive death benefits if they have tragically lost a loved one in a workplace accident.
Located in Manning, our law firm prides itself on treating its clients like family. When you call Land, Parker & Welch, P.A., you won’t be talking to an automated service. You’ll get to speak directly with a workers’ compensation lawyer who has extensive knowledge of South Carolina’s workers’ comp system and is committed to your case from start to finish.
How to File for Workers’ Compensation in South Carolina
Notification is an essential part of the workers’ compensation process. You are required to report your injuries to your employer within 90 days of the accident. However, it is best to give notice at the time of the accident or as soon as possible. There are exceptions to the 90-day requirement, such as:
- If the employer knew of the accident already;
- If you were physically or mentally incapable of reporting your injuries;
- If you were the victim of fraud or deceit of a third party.
You are not responsible for filing a claim with the S.C. Workers’ Compensation Commission. That is your employer’s job. However, if your employer fails to file the claim or you think you are not receiving the benefits you are entitled to, you may file your own claim. Here’s how:
- Complete the S.C. Workers’ Compensation Commission Form 50, which details the date and description of the accident, your injuries, who you reported it to and what the ultimate outcome of the accident has been.
- In the event of a death, a family member would file a Form 52.
Deadlines and Your Workers’ Compensation Claim
It is very important to pay attention to deadlines when filing a South Carolina workers’ comp claim. In general, you have two years from the date of the accident (or death) to file for workers’ compensation benefits.
Some workplace injuries take years to develop, such as repetitive trauma injuries or occupational illnesses. Those are also compensable under S.C. workers’ comp laws, but the statute of limitations works differently.
In repetitive trauma cases, the two-year time limit begins on the date the employee discovered, or could have reasonably discovered, that they could receive workers’ compensation benefits. When it comes to occupational diseases, the two-year statute of limitations begins on the date of diagnosis.
Requesting a Workers’ Compensation Hearing
If an employer or insurer contests your claim for workers’ compensation benefits, you have the right to ask for a hearing before the Workers’ Compensation Commission. A commissioner will then determine the outcome of your case. In the event that you are still not satisfied with the decision, you may file an appeal to be reviewed by a panel of experts. Ultimately, a workers’ comp claim could make it into the state’s highest courts.
Once you begin to consider a hearing before the S.C. Workers’ Compensation Commission, we highly advise you to speak with a qualified workers’ comp attorney who can help you present the strongest case possible. Your health and well-being are on the line.
Contact Our Manning Workplace Injury Attorneys Now
The workplace accident lawyers at Land, Parker & Welch, P.A. can help you file your workers’ compensation form. Our goal is to help you get the benefits you rightfully deserve.
Call (803) 435-8894 or use our online contact form for a no-cost consultation.