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To file a workers’ compensation claim in South Carolina, report your work injury to your employer in writing as soon as possible (within 90 days), obtain authorization for medical treatment, and then file a claim with the South Carolina Workers’ Compensation Commission using Form 50. You generally have two years from the date of injury to file. Workers’ comp is a no-fault system, so you do not have to prove your employer did anything wrong.
Getting hurt on the job can turn your world upside down. You’re in pain, you’re worried about your paycheck, and now you’re expected to figure out how to file a workers’ comp claim while you’re trying to heal. If you were injured at work in Summerville or anywhere in Dorchester County, this workers’ comp guide walks you through each step. And here’s the good news on cost: your consultation with our Summerville workers’ comp lawyer at West Law Firm Personal Injury Lawyers is completely free.
In this article, we discuss:
– Whether you have to prove fault
– Step 1: Reporting your injury to your employer
– Step 2: Getting authorized medical treatment
– Step 3: Filing your claim with the Commission
– The benefits you may be entitled to
– What to do if your claim is denied
Do You Have to Prove Your Employer Was at Fault?
No. South Carolina workers’ compensation is a no-fault system, which means you do not have to prove your employer did anything wrong to receive benefits. Some employees mistakenly believe employers must be at fault before employees can recover, but that isn’t how the system works. If you were injured while doing your job, you’re generally covered, even if the accident was partly your fault. Employers with four or more employees are required to carry workers’ comp insurance.
Step 1: Report Your Work Injury to Your Employer
Tell your employer about your injury right away, ideally in writing. Under South Carolina law (S.C. Code Ann. § 42-15-20), no compensation shall be payable unless such notice is given within ninety days after the occurrence of the accident. Waiting puts your benefits at risk and gives the insurance company a reason to question whether the injury really happened at work. Report it even if the injury seems minor at first, because some conditions worsen over time. Keep a copy of what you submit and write down the date you reported it.
Hurt on the job in Summerville? West Law Firm Personal Injury Lawyers can help you file your claim. Call 843-483-8630 for a free consultation.
Step 2: Receive Authorized Medical Treatment
Obtain medical care as soon as possible, but know that in South Carolina, your employer or its insurer usually has the right to choose your doctor. If you treat with your own physician without approval, you may be stuck paying the bill yourself. In a true emergency, obtain help immediately and sort out the paperwork afterward. Follow your doctor’s instructions and keep all records, bills, and notes, as this documentation is the backbone of your claim.
Step 3: File Your Claim With the South Carolina Workers’ Compensation Commission
You file your claim by submitting a Form 50 to the South Carolina Workers’ Compensation Commission. Reporting your injury to your employer isn’t the same as filing an official claim, so this step is essential to protect your rights. When a party files a Form 50 with the Commission requesting a hearing, the Form 50 also serves to file the claim if a claim has not been filed before. Timing matters here, too. Under S.C. Code Ann. § 42-15-40, the right to compensation is barred unless a claim is filed with the Commission within generally two years of the accident. Once filed, your employer’s insurer will investigate and either accept or deny the claim.
What Benefits Can You Receive?
If your claim is accepted, South Carolina workers’ compensation can provide several types of benefits.
Medical benefits
Workers’ comp covers reasonable and necessary medical treatment related to your injury, including doctor visits, hospital stays, surgery, prescriptions, and mileage to and from authorized appointments.
Temporary disability benefits
If your injury keeps you out of work while you recover, you may receive wage-replacement benefits, generally about two-thirds of your average weekly wage up to a state maximum. These continue until you can return to work or reach maximum medical improvement.
Permanent disability benefits
If your injury leaves you with lasting impairment, you may be entitled to permanent disability benefits. These can apply to the permanent loss or loss of use of a body part or to a disability that keeps you from returning to your prior work.
What Should You Do if Your Claim is Denied?
If your claim is denied, you can request a hearing before the South Carolina Workers’ Compensation Commission. A denial isn’t the end of the road. At the hearing, you or your attorney will have the opportunity to argue your position, call witnesses to testify, and submit exhibits, such as your wage stubs. If you disagree with the hearing commissioner’s decision, you may appeal to a panel of commissioners. That decision may also be appealed to a Court of Common Pleas and the state appellate courts. Insurance companies deny valid claims for many reasons, and this is where an experienced attorney matters most.
Denied benefits after a workplace injury in Dorchester County? Call West Law Firm Personal Injury Lawyers at 843-483-8630 for a free consultation. We do not get paid unless we recover benefits for you.
Frequently Asked Questions About Filing a Workers’ Comp Claim
How long do I have to file a workers’ comp claim in South Carolina?
In most cases, you have two years from the date of your injury to file a claim with the South Carolina Workers’ Compensation Commission. But you should report the injury to your employer much sooner, within 90 days, to avoid losing benefits. The sooner you act, the stronger your claim.
What if the injury were partly my own fault?
You can still recover. Because workers’ compensation is a no-fault system, you generally qualify for benefits even if your own mistake contributed to the accident. The main question is whether the injury happened in the course of your job.
How much does it cost to hire a workers’ comp lawyer?
Your consultation with West Law Firm Personal Injury Lawyers is free. In workers’ compensation cases, attorneys’ fees are approved by the commission, so you generally pay nothing up front. In short, we do not get paid unless you do.
Do I really need workers’ comp help from a lawyer?
You’re not required to hire a lawyer. Still, workers’ comp help from an experienced attorney can make a real difference, especially if your claim is denied, your benefits stop, or your injury is serious. We handle the paperwork, deadlines, and negotiations so you can focus on healing.
Injured at work in Summerville or the surrounding Lowcountry? You don’t have to face this alone. West Law Firm Personal Injury Lawyers has served the Lowcountry since 1945, and our attorneys handle claims throughout Dorchester County from our Summerville office at 207 W Richardson Ave. Contact us at 843-483-8630 today for a free consultation.