Being injured on the job is stressful enough without having to figure out how to file a workers’ compensation claim on your own. If you’re dealing with a workplace injury in Columbia, you’re probably in pain, worried about your paycheck, and unsure where to start. You’re not alone, and the process isn’t as complicated as it might seem.
This guide walks you through how to apply for workers’ compensation in South Carolina, step by step. And if you run into trouble along the way, McCravy, Newlon, & Clardy is here to help. Our experienced Columbia workers’ compensation lawyers offer free consultations, and you don’t pay us unless we win your case. Call 866-MCCRAVY to get started.
South Carolina Workers’ Comp Basics You Should Know
Before diving into the steps, here’s what you need to understand about how workers’ compensation works in South Carolina.
Workers’ comp is a no-fault system. That means it doesn’t matter who caused the accident. If you were injured while doing your job, you’re generally entitled to benefits. Under South Carolina law, the workers’ compensation system covers private employers with four or more employees. State and local government employees are also covered. Your employer is required to carry workers’ compensation insurance, and if they don’t, they face serious penalties.
You typically have two years from the date of your accident to submit a formal claim to the South Carolina Workers’ Compensation Commission. However, acting quickly can strengthen your case. Here’s how to begin.
Step 1: Report your injury to your employer
The first step is to notify your employer of the injury. South Carolina law requires every injured employee to give their employer notice of the accident as soon as possible after it occurs. Under S.C. Code § 42-15-20, no compensation is payable unless notice is given within 90 days after the accident.
While the law gives you 90 days, waiting is risky. Report your injury immediately, ideally the same day. Delays raise red flags with insurance companies and give them ammunition to question whether your injury is truly work-related.
Put your report in writing if you can. Include the date, time, location, and a description of what happened. Keep a copy for your records.
Step 2: Seek medical treatment right away
After reporting the injury, receive medical attention as soon as possible. In South Carolina, your employer or their insurance carrier may have the right to direct your initial medical treatment and choose the authorized treating physician.
Follow through with every appointment your doctor recommends. Gaps in treatment are one of the biggest reasons insurance companies use to reduce or deny benefits. Even if you’re feeling better, don’t skip follow-ups. Your medical records create the foundation of your workers’ comp claim.
If your employer doesn’t direct you to a specific provider, go to the emergency room or your own doctor and make sure they know the injury happened at work.
Step 3: Ensure your employer files Form 12-A with the commission
Once you report your injury, your employer has a legal obligation to notify their insurance carrier and file the appropriate paperwork. The SC Workers’ Compensation Commission uses Form 12A as the employer’s first report of injury. For injuries involving compensable lost time or medical treatment exceeding $2,500, the employer’s representative must send the Form 12A to the Commission within 10 business days.
This step is your employer’s responsibility, not yours. However, you should follow up to make sure they actually filed it. If your employer refuses to report the injury or drags their feet, that’s a sign you need legal help.
If you are injured at work and your employer isn’t cooperating, call McCravy, Newlon & Clardy at 866-MCCRAVY for a free consultation. We’ve been handling workers’ compensation cases across South Carolina for 30 years.
Step 4: The insurance company reviews your claim
After the Form 12A is filed, the employer’s workers’ compensation insurance carrier will investigate and decide whether to accept or deny the claim. They’ll review your medical records, the circumstances of the accident, and your employer’s report.
If they accept your claim, benefits should begin. If they deny it, don’t panic. A denial isn’t the end of the road, and many initially denied claims are successfully resolved with the help of an attorney.
What Benefits are Available Through Workers’ Comp
South Carolina workers’ compensation can provide several types of benefits depending on your situation.
Medical treatment. All reasonable and necessary medical care related to your workplace injury should be covered. This includes doctor visits, surgery, prescriptions, physical therapy, and medical equipment.
Temporary total disability (TTD). If you cannot work at all while recovering, TTD benefits replace a portion of your lost wages.
Temporary partial disability (TPD). If you can return to work in a limited capacity but earn less than before, TPD benefits help make up the difference.
Permanent disability. If your injury results in lasting impairment, you may be entitled to permanent partial or permanent total disability benefits based on your disability rating.
Common Mistakes That Hurt Workers’ Comp Claims
Knowing how to file for workers’ comp is important, but avoiding these common pitfalls matters just as much.
Waiting too long to report the injury
The longer you wait, the easier it is for the insurance company to argue your injury didn’t happen at work. Report it the same day if possible.
Gaps in medical treatment
Missing appointments or stopping treatment early signals to the insurer that your injury is not as serious as you claim. Follow your doctor’s plan consistently.
Giving a recorded statement without legal advice
Insurance adjusters may ask you for a recorded statement early in the process. Anything you say can be used to minimize or deny your claim. Talk to an attorney before agreeing to a recorded interview.
What to Do if Your Claim is Denied
A denial can feel devastating, but it’s not uncommon. You have the right to request a hearing before the SC Workers’ Compensation Commission. The process involves filing the appropriate forms and presenting evidence to a commissioner who will review your case.
This is where an experienced workers’ comp attorney can make a real difference. An attorney can gather the medical evidence you need, prepare your case for a hearing, and advocate on your behalf before the commission.
When You Need a Workers’ Comp Attorney
Not every workers’ comp claim requires a lawyer, but certain situations call for legal guidance:
- Your claim was denied, or your benefits were cut off.
- Your employer is disputing that the injury happened at work.
- You’re being pressured to return to work before you’ve recovered.
- The insurance company is offering a settlement that seems low.
- You suffered a serious or permanent injury.
If any of these apply, don’t try to handle it alone. The insurance company has adjusters and attorneys working on their side. You deserve someone working on yours.
Get Help From Experienced Columbia Workers’ Compensation Lawyers
For 30 years, McCravy, Newlon & Clardy has helped injured workers across South Carolina obtain the benefits they’re entitled to. With seven offices throughout the state, including our West Columbia location at 1607 Augusta Rd, we’re never far away when you need us.
We believe in doing right by our clients. That means honest advice, ethical representation, and hard work on every case. Workers’ compensation is a major focus of our practice, and we know how to navigate the system on your behalf.
Your consultation is free, and you don’t pay us anything unless we recover benefits for you. Call 866-MCCRAVY today to talk with our team about your workplace injury. You focus on healing. We’ll handle the rest.