Filing a workers’ compensation claim may seem relatively straightforward, but it can be complicated, especially if your employer denies your claim or a dispute arises about your benefits. The initial steps are giving notice to the employer and requesting medical care, and filing a claim with the South Carolina Workers’ Compensation Commission if your employer has not reported your claim or your claim has been denied. If you need to appeal a denied claim, having an experienced attorney can make the process go more smoothly.
Our attorneys at Joye Law Firm can guide you through the process of pursuing workers’ compensation benefits if you have a work-related injury or disease. Respect, compassion, and care are what you can expect from our workers’ compensation lawyers and staff from the first time you contact us until your case is resolved. It is one of our law firm’s standing commitments that we return all phone calls within 24 hours or one business day.
By treating clients with respect and consideration and offering effective legal representation, Joye Law Firm has been in business for more than 50 years. Joye Law Firm has offices in North Charleston, Columbia, Clinton, and Myrtle Beach. We have helped injured workers and their families throughout South Carolina seek workers’ compensation benefits and recover not only compensation but their lives.
You can reach us at 877-941-1019 or fill out an online form for a free case review.
Experience Counts During the Workers’ Comp Process
Our workers’ compensation attorneys at Joye Law Firm are committed to our clients. With nearly 250 years of combined litigation experience, multiple attorneys at Joye Law Firm have received a coveted AV rating from Martindale-Hubbell, the highly regarded legal directory. Several of our attorneys have been recognized by the Super Lawyers publication.
While every workers’ compensation case is different and past results are in no way intended to guarantee that a similar result can be obtained in another case, the results obtained by a law firm are indicative of the firm’s experience when it comes to serious injury and wrongful death cases. For more details about the results obtained by previous Joye Law Firm clients, click on the results tab on our home page.
How to File a Workers’ Comp Claim in South Carolina
The first step in the claims process is to give notice of your injury to your employer and request medical care. The S.C. Workers’ Compensation Act requires you to give notice to your employer at the time of the accident or as soon as possible thereafter. However, the law requires you to give notice within 90 days of the accident, unless certain exceptions exist.
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 (carpal tunnel syndrome or 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.
If your employer accepts your claim, you should start receiving workers’ compensation benefits almost immediately.
South Carolina Workers’ Compensation Claim Statistics
A total of 64,205 workplace accidents were reported to the S.C. Workers’ Compensation Commission in the fiscal year 2018, according to the Commission’s annual report.
The Commission reported a total of 11,287 workers’ compensation claims settlements.
The average cost per claim in 2018 was $13,984.