Workman’s Compensation | How to File
Nearly every worker in South Carolina is covered by the state’s workman’s compensation laws. And most of those workers know the laws provide reimbursement for medical costs incurred as a result of a work-related accident, compensation for lost wages, and other important benefits.
But what many workers don’t know is how to go about filing a claim if they wind up being injured while on the job. And that’s bad news, because under SC workman’s comp laws, even a tiny error or a deadline missed by just a day can result in their entire claim being thrown out.
Workman’s Compensation Essential Steps
If you’ve been injured on the job, you need to make sure every aspect of your claim is accurate and filed on time to avoid having your claim denied. Here are the essential steps you need to take to file for workers compensation in South Carolina:
- First, make sure your employer knows you’ve been injured. Under the SC worker’s comp laws, you must give your employer notice of your injury when the accident occurs or at least within 90 days. Obviously, the longer you delay in seeking treatment for an injury, the harder it can be to prove; ideally, then, you want to let your employer know as soon as possible that you were injured while on the job.
- Next, a claim for benefits must be filed. This claim can be filed by your employer, but if your employer doesn’t accept your injury report or fails to file a claim, you can file one yourself. You can also file a claim directly with the state Workers Compensation Commission if you believe you did not receive all of the benefits that are due to you. To file a claim, visit the SC worker’s comp webpage and download either Form 50 or, if a death occurred, Form 52. Be sure to check the box indicating you’re filing a claim and not requesting a hearing. File your claim via registered mail.
- Be mindful of your deadlines. Under the state worker’s compensation laws, you must file your claim within two years of when the injury occurred or, in cases involving a death, within two years of the death. If the person who was injured is a minor with no guardian or is mentally incompetent, the two-year limit isn’t applicable. If your claim involves an occupational disease or illness, such as exposure to contaminants or other substances, the two-year period begins at the time when you’ve been diagnosed with the condition and been made aware of that diagnosis. With a repetitive motion injury such as carpal tunnel syndrome, you must file a claim within two years of learning that the disease is covered under worker’s comp laws. Repetitive injury claims are disallowed if it’s been more than seven years since the last time you were exposed to the cause of injury.
Making sure you file your claim correctly and on time is vital to the success of your claim. Working with a skilled workman comp lawyer right from the start is the best way to be sure your rights are protected. As a leading workman compensation lawyer, E. Lindsay Blanks has helped hundreds of men and women just like you get the workman’s compensation benefits they deserve. If you’ve been injured on the job, call the Law Offices of E. Lindsay Blanks at (843) 863-1800 and schedule your free consultation today.
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