If you were recently hurt on the job in South Carolina, you may be eligible to receive workers’ compensation benefits including paid medical care and replacement of lost income, through your employer’s insurance. Unfortunately, the process of pursuing workers’ compensation benefits can be confusing and frustrating if you have a disputed claim. Many injured employees have questions about how long it will take to resolve their workers’ compensation claim.
Two Important Deadlines When Filing for Workers’ Compensation in South Carolina
To ensure that you remain eligible for workers’ compensation benefits, you should be aware of two important filing deadlines in South Carolina. First, all injured workers have a legal obligation to report their injury to the immediate supervisor. Your injury must be reported to your employer within 90 days of your workplace accident. If you report your injury right away and your employer accepts your claim, you should start receiving benefits almost immediately. Valid workers’ compensation claims are supposed to be paid without any undue delay.
If you are out of work because of your injury, you also should start receiving income replacement benefits after a seven-day waiting period. Keep in mind that you will have to go to the doctor selected by your employer.
If your employer or your employer’s insurance administrator denies your claim, you must file a claim with South Carolina Workers’ Compensation Commission. This is done by filling out and submitting form 52 or form 50. Under South Carolina law, injured workers have up to two years to file a claim with the S.C. Workers’ Compensation Commission. You may apply for a hearing if your employer denies your injury was caused by a workplace accident or if you believe that you have not received all the benefits that you are due. If you fail to meet either deadline, it could result in your claim getting denied.
How Long Until My Workers’ Compensation Claim is Resolved?
Every South Carolina workers’ compensation case has unique factors. The workers’ compensation claims process has multiple steps including mediation, an informal conference and a formal hearing process. If you cannot reach an agreement about your claim during the mediation process, a formal hearing will be scheduled in three to four months before a Workers’ Compensation Commissioner. If there are multiple appeals, your case may take a year or longer to resolve fully.
How to Speed Up the Workers’ Compensation Claims Process
There are steps that injured workers can take that will help to ensure that the workers’ compensation claims process moves as efficiently as is possible under South Carolina law. Specifically, injured workers should do the following three things:
- Report their injury and file their claim as soon as possible;
- Obtain and organize all documents and records to make a strong initial claim; and
- Consult with a qualified South Carolina attorney who has experience with the Workers’ Compensation claims process and knows what information must be provided.
Our knowledgeable workers’ comp attorneys at Joye Law Firm understand South Carolina’s workers’ compensation system. We know the types of medical evidence that are needed to present a successful claim. We can help you develop the strongest claim for benefits.
Contact a Workers’ Compensation Lawyer in SC Today
At Joye Law Firm, we have extensive experience handling all aspects of South Carolina work injury claims. For the personal attention and compassionate legal service that your case rightfully deserves, please contact us today to set up your free initial legal consultation. From our offices in North Charleston, Myrtle Beach, Clinton, Columbia and Clinton, we proudly fight for the rights of injured workers across throughout South Carolina.