State law requires you to give notice to your employer “on the occurrence of an accident, or as soon thereafter as practicable,” but in any event, within 90 days after the accident. With repetitive trauma cases, you must give notice within 90 days of the date you discovered or should have discovered that you have a compensable condition.
There are some narrow exceptions to the 90-day notice rule, such as if a mental or physical incapacity prevented you from giving notice. An exception may also apply if you were prevented from giving notice due to the fraud or deceit of a third party.
Assuming that you give notice within the 90-day period, you then generally have two years to file your claim. Repetitive trauma cases require a filing within two years after “you knew or should have known” that you have a compensable injury, but no more than seven years after your “last date of injurious exposure.” Occupational disease claims must be filed within two years after you were definitively diagnosed with the condition and notified of it. None of these time limits apply to claimants who are mentally incompetent and have no guardian or trustee.
Because the South Carolina workers’ compensation system has strict notice requirements and filing deadlines, it is important to work with an attorney who understands the deadlines and how exceptions may apply. Joye Law Firm’s workers’ compensation attorneys deal with the system’s complex laws every day in their practice. Even if you think you may have waited too long to file a claim, you should still talk to an attorney to see if you may still be entitled to compensation.
Since 1968 we have helped injured people like you recover not just the money they are entitled to, but also their lives. Let us help you too. Just callJoye Law Firm now. You can reach us by phone or fill out an online form for a free case review.