If you are injured at work in South Carolina, one of the first questions you may have is how do I file a workers’ compensation claim in? After reporting your injury to your employer, filing a claim is the next step in the workers’ compensation process. Making sure the claim is complete, accurate, and filed with the South Carolina Workers’ Compensation Commission within the required deadlines is essential to receiving benefits.
Many injured workers are unsure where to start or worry about making a mistake that could delay or jeopardize their claim. Since 1968, our workers’ compensation attorneys at Joye Law Firm Injury Lawyers have helped injured workers across South Carolina protect their rights and pursue the benefits they are entitled to under South Carolina law. As proud members of the South Carolina Injured Workers’ Advocates group, our team stands up for employees who are uncertain about the claims process or are facing obstacles to securing benefits.
If you need to file a workers’ comp claim, this guide walks you through each step so you can move forward with clarity and confidence.
Notify Your Employer of Your Injury Before You File a Workers’ Comp Claim
The first step in the claims process is to notify your employer of your injury and request medical care. The S.C. Workers’ Compensation Act requires you to give notice to your employer within 90 days of your work injury, a few exceptions exist to this rule.
These exceptions include situations where it can be shown that the employer had knowledge of the accident, or that you were prevented from giving notice due to physical or mental incapacity, or the fraud or deceit of a third party.
In repetitive trauma cases (tendonitis, for example), you must give your employer notice within 90 days of the date you “discovered or could have discovered by exercising reasonable diligence” that you have a compensable condition.
What Information Do I Need to File a Workers’ Compensation Claim?
When you file a workers’ compensation claim, you’ll need to provide certain information so the South Carolina Workers’ Compensation Commission can properly review and process your case. Having these details ready can help prevent delays and ensure your claim has a fair shot.
Typically, you will need:
- Details about the workplace accident or exposure, including the date, time, location, and how the injury or illness occurred.
- Information about your employer, such as the company’s name, address, and your job title or department.
- A description of your injury or illness, including which parts of your body were affected and the type of injury you sustained.
- Medical records or reports, if you have already received emergency treatment for your injury.
- Your personal and employment information, including your full name, address, Social Security number, and details about your position and wages.
Providing clear and accurate information helps establish a record of your injury and allows the workers’ compensation system to evaluate your eligibility for benefits such as medical care and wage replacement.
File Form 50 With the Workers’ Compensation Commission
Typically, your employer will file the workers’ compensation claim on your behalf. However, if they fail to do so, you have the right to file the claim yourself with the South Carolina Workers’ Compensation Commission. To start the process, you must submit Form 50 to report a workplace injury.
If the claim involves a worker’s death, the appropriate form is Form 52, which is filed by surviving dependents seeking death benefits.
These forms provide key details about the accident, your injuries, and your employer, allowing the Commission to open an official case.
Once completed, the form should be filed with the Commission by registered or certified mail so you have proof that it was submitted and received. It is also important to send a copy to your employer and their workers’ compensation insurance carrier. Filing the correct form creates a record of your claim and allows the Commission to step in if there is a dispute about your benefits.
There are also important deadlines to keep in mind. In most cases, a workers’ compensation claim must be filed with the Commission within two years of the date of the workplace injury. Missing this deadline could prevent you from receiving benefits, so it is important to act promptly if your employer has not filed the claim for you.
What Happens If Your Employer’s Insurance Company Denies the Claim?
A denied claim does not necessarily mean the end of your South Carolina workers’ compensation case. In fact, for many injured workers, it is just the beginning. It usually means your employer or their insurance carrier is disputing some part of the claim, and you may need to take the next formal step.
Claims are commonly denied or disputed for reasons such as:
- The employer or insurance carrier disputes that the injury arose out of and occurred in the course of your employment.
- The carrier argues your condition is unrelated to your work (including arguments about your preexisting conditions).
- You did not give timely notice of your injury to your employer (South Carolina generally requires notice within 90 days, subject to limited exceptions).
- Your employer or their carrier contends the claim was not properly reported, documented, or filed on time.
If your claim is denied, you can request a hearing with the South Carolina Workers’ Compensation Commission. In many cases, this is done by filing Form 50 to request a hearing (a filing fee may apply). The case will then proceed through a formal dispute process that can involve exchanging records, presenting medical evidence, and testimony at a hearing before a Commissioner.
After the hearing, the Commissioner issues a written Decision and Order. If you disagree, you may request a Commission review by filing an appeal form within 14-day days of the Single Commissioner’s order. If the Commission’s decision remains unfavorable, you can then appeal to the South Carolina Court of Appeals.
By this stage, it’s crucial that injured workers hire a workers’ compensation attorney. Hearings and appeals call for advanced legal maneuvering and require organizing medical proof, meeting filing deadlines, and making legal arguments on the record.
Not sure which documents you need? Check the list of commonly used workers’ compensation forms and filing guidance.
