The short answer: To file a workers’ comp claim in South Carolina, report your injury to your employer right away, get treatment from an authorized doctor, and then file a Form 50 with the South Carolina Workers’ Compensation Commission. You have 90 days to notify your employer, and generally two years from the date of the injury to file the claim itself. Miss either one and you can lose your benefits.
A workplace injury upends everything. The last thing you want to sort out while you’re in pain is a stack of government paperwork. You’re worried about your paycheck, the medical bills, and whether you’ll be able to work again at all. At McCravy, Newlon, & Clardy, we handle the legal side so you can focus on healing, and your consultation is always free. Filing the right way protects you from day one.
In this article, our experienced Greenwood workers’ compensation lawyers discuss:
– Reporting your injury to your employer.
– Receiving authorized medical treatment.
– Filing your claim with the Commission.
– What happens after you file.
– Common mistakes that hurt claims.
– Frequently asked questions.
What’s The First Step To Filing A Workers’ Comp Claim?
Report the injury to your employer in writing, right away. Under South Carolina law, you must give notice of the accident to your employer within 90 days, or no compensation may be payable.
A casual comment to a coworker won’t cut it. Tell your supervisor or HR in writing, note how and when you were hurt, and keep a copy for yourself. Here’s something that surprises a lot of workers: South Carolina workers’ comp is a no-fault system, so employees do not have to prove the employer was at fault to recover. If you were hurt doing your job, you may be entitled to benefits.
How Do You Receive Medical Treatment After A Work Injury?
See a doctor as soon as you can. But in South Carolina, your employer only has to cover treatment from the doctor it selects, except in an emergency. Go to your own doctor without authorization, and you may end up paying those bills yourself.
So report the injury, ask who the authorized provider is, and show up to every appointment. Gaps in treatment are among the top reasons insurers cut or deny benefits, and those gaps can make a real injury appear far less serious than it is.
How Do You File A Workers’ Comp Claim With The Commission?
File a Form 50 with the South Carolina Workers’ Compensation Commission. This is the Employee’s Notice of Claim, and filing it also puts your claim on record if one hasn’t already been filed.
You generally have two years from the date of the accident to file with the Commission. The right to compensation is barred unless a claim is filed with the Commission within two years after an accident. And keep in mind, telling your boss and filing a claim are two different steps. Many workers assume that reporting the injury is enough. It isn’t.
Not sure whether your claim was filed correctly? Call 866-MCCRAVY for a free consultation.
What Happens After You File Your Claim?
Once you file, the insurer will either accept the claim and start paying benefits or dispute it. Accepted claims can cover medical treatment, wage-loss benefits, and compensation for permanent disability or disfigurement, with wage replacement based on 66 2/3% of your average weekly wages, subject to the state-imposed limit.
If the claim is denied in whole or in part, you can request a hearing before the Commission, where you or your attorney argues your position and may offer witnesses to testify. This is where an experienced attorney matters most. Insurers have lawyers protecting their bottom line. You deserve someone to protect you.
Don’t face a denied claim alone. Call 866-MCCRAVY to discuss your options for free.
What Mistakes Can Jeopardize Your Workers’ Comp Claim?
The most damaging mistakes are late reporting, gaps in treatment, and giving recorded statements without legal advice. Adjusters often ask for a recorded statement early on. It sounds routine, but a few offhand words can be used to minimize your injury. You are not required to give one before speaking with an attorney.
Other avoidable mistakes include:
– Waiting too long to report the injury.
– Skipping medical appointments.
– Going back to work before you’re medically cleared.
– Accepting a quick settlement without knowing its true value.
Any one of these can cost you benefits you’re entitled to.
Frequently Asked Questions About Filing Workers’ Comp In South Carolina
How long do I have to file a workers’ comp claim in SC?
You generally have two years from the date of your injury to file a claim with the Commission, and you must report the injury to your employer within 90 days. Acting quickly protects your benefits.
Can I choose my own doctor?
Usually not. In South Carolina, your employer picks the treating doctor and only has to cover that provider’s care, except in an emergency. Seeing an unauthorized doctor can leave you with unpaid bills.
Does it matter if the accident was my fault?
No. Workers’ compensation is a no-fault system, so you do not have to prove your employer was at fault to recover. If you were injured on the job, you may qualify for benefits regardless of who caused the accident.
What if my employer doesn’t have workers’ comp insurance?
Most South Carolina employers with four or more employees are required to carry workers’ comp insurance. If yours doesn’t, you may still have options, and an attorney can walk you through them.
How much does a workers’ comp lawyer cost?
Your consultation is free, and you won’t pay attorney fees unless we recover benefits for you. In South Carolina, attorney fees in workers’ comp cases must be approved by the commission.
Talk To Our Greenwood Workers’ Comp Team Today
Filing a workers’ comp claim while you’re hurt and worried about money is overwhelming, and one missed deadline can undo everything. You don’t have to do it alone.
For 30 years, McCravy, Newlon, & Clardy has guided injured South Carolina workers through this process with an honest, straightforward approach. With seven offices across the state, including Greenwood at 1629 Bypass 72 NE, help is close by.
Call 866-MCCRAVY today for a free consultation.