Much of the work to file a workers’ compensation claim in South Carolina is filling out the required state forms. You must submit the forms with correct and complete information within the time allowed for your application for workers’ comp benefits to be considered.
It is not unusual for a workers’ compensation claim to be denied because of missing, incorrect, or unclear information on a form the injured worker submitted. These issues are easily resolved in many cases, but in the meantime, the payment of benefits to the injured worker and the scheduling of medical treatment for the injured worker may be delayed if the proper forms are not submitted. In some cases, it is difficult for the injured worker to find information about their past employment history, which the S.C. Workers’ Compensation Commission is requesting.
A workers’ compensation attorney at Joye Law Firm can help you gather the needed information, fill out the paperwork and submit your claim for workers’ comp benefits in a timely fashion. We have decades of experience helping injured workers claim workers’ comp benefits and the resources to ensure your claim is correct from the start.
Call us at 888-324-3100 or fill out this online form for a free, no-obligation consultation about your workers’ comp claim. We have offices across South Carolina in North Charleston, Columbia, Clinton, Summerville, and Myrtle Beach.
Completing the Initial S.C. Workers’ Comp Claim Form
If you have been injured on the job, you should report the injury immediately to your employer. Upon reporting, you should also request benefits. In many cases, the employer will notify its workers’ compensation insurance carrier and the benefits will be provided. Your employer should apply for workers’ compensation for you. But, if your employer doesn’t file for you, or you think you are not receiving the full benefits available, then you can file your own claim.
To apply for benefits on your own, you must complete and submit S.C. Workers’ Compensation Commission Form 50 – Employee’s Notice of Claim and or Request for Hearing. In the event of a work-related death, a family member of the deceased worker would file a Form 52.
If you Google “South Carolina workers’ compensation claim forms” and click on the response near the top titled, “Forms – South Carolina Workers’ Compensation Commission,” Form 50 is the 30th form on the first list of forms on the page. Above it, Form 12A – First Report of Injury, is for employers to file. Some workers mistake it for the form they need.
Go to the South Carolina Workers’ Compensation Commission home page, then: Employee/Injured Worker > Legal Resources and Forms > Claimant Forms. This list provides the 14 forms you might need during your workers’ comp case. Form 50 is ninth on the list.
There are no instructions for completing Form 50. (There are two pages of instructions for employers attached to Form 12A.)
In general, Form 50 asks for your personal information such as name, address, employer, when you were injured, what doctors you have seen about your injury, and what benefits you are requesting. Do you know which workers’ comp benefits you qualify for? A workers’ compensation attorney at Joye Law Firm can help you determine the benefits that you are eligible to claim.
File Form 50 To Request a Workers’ Comp Hearing
You complete and file Form 50 to request a hearing if your claim for benefits was denied and you want to appeal the decision. This requires a $50 fee. After you file your Form 50, the Workers’ Compensation Commission will schedule your matter for a hearing. Fifteen days prior to that hearing, the injured worker needs to file a Form 58 – Pre-Hearing Brief. This is where you would explain the grounds for your hearing request in front of the Commission. Not only does the Form 58 need to be filed with the Commission, but you must also send a copy to the attorney that represents the insurance carrier. An experienced workers’ compensation attorney at Joye Law Firm will know the specific items that not only needed to be written in the form but also the necessary supporting documentation that would need to be provided to the Commission in order to best protect your claim for benefits.
When appealing a denied claim, you can request an informal conference with a representative of the S.C. Workers’ Compensation Commission and your employer. This meeting is an opportunity to resolve the claim dispute without going through a formal hearing.
An employee may request a conference by writing a letter to the Commission. We suggest appealing any initial denial of a workers’ comp claim.
If you have a lawyer, he or she may represent you at the informal conference or formal hearing. To reverse a decision, you will need to present persuasive evidence to support your claim. If your appeal progresses to a judicial hearing, you can be sure your employer or their insurance carrier will have legal counsel at this proceeding. You should have legal representation as well.
If you are requesting a hearing, you may be able to ask for the $50 filing fee to be waived (Form 32). Approval is based on need.
Other South Carolina Workers’ Comp Claim Forms
You may encounter other workers’ compensation forms as your case progresses. They include Form 17 – Receipt of Compensation, which is given to the injured worker to sign when the insurance carrier is trying to terminate the injured worker’s temporary disability checks. Have you returned to work? How long have you been back at work? Do you agree that you are able to return to work? A workers’ compensation attorney at Joye Law Firm can assist you in answering these crucial questions to determine if executing a Form 17 is appropriate.
If you have to go through several levels of appeal to obtain benefits, you may need to become familiar with:
- Form 30 – Request for Commission Review (Appellate Panel Review). This is where you would request a second appeal if you were not satisfied with the outcome of your hearing before a Workers’ Compensation Commissioner.
- Form 59 – Appellant’s Informational Brief. Here you must answer several questions to explain why the appeals panel should hear your case. An example question: Do you think the Commissioner applied the wrong law? If so, what law?”
Other forms include:
- Form 16A – Agreement for Permanent Disability/ Disfigurement Compensation. Employer and employee acknowledge their agreement to a payment.
- Form 20 – Statement of Earning of Injured Employee. Workers’ comp wage replacement benefits are two-thirds of the employee’s average weekly wage prior to the injury. This form documents earnings and the wage replacement benefit owed. These forms are commonly miscalculated and an experience Joye Law Firm workers’ compensation attorney can properly assist the injured claimant in determining if their average weekly wage has been calculated appropriately.
- Form 24 – Application for Lump Sum Award. In some cases, it is beneficial for the injured worker to obtain all benefits in a lump sum payment. Because of the potential tax implications of a lump sum settlement, the employee’s request and reasoning, as well as the employer’s agreement, must be documented.
- Form S-2 – Notice of Third-Party Action (Employee). In some cases, there was a third party other than the employer or a co-worker who contributed to the incident that caused the injured employee’s injury. In such cases, the injured worker may have a right to file a third-party lawsuit seeking compensation. This form notifies the employer’s insurance carrier and the Workers’ Compensation Commission of a pending third-party lawsuit.
Forms required by the S.C. Workers’ Compensation Commission are an inescapable part of the bureaucracy required to process thousands of work injury claims each year. There are a lot of forms required, and it’s easy to overlook one or leave out the required information. A claim is more likely to proceed without a hitch when the applicant understands the South Carolina Workers’ Compensation Commission’s requirements or works with a workers’ compensation lawyer who knows the system, understands the appropriate form to file and the appropriate time to file these necessary forms.
Joye Law Firm has been helping South Carolina workers seek appropriate compensation for their injuries for more than 50 years. Joye Law had five lawyers included in a recent edition of The Best Lawyers in America in the practice area of Workers’ Compensation – Claimants. Joye Law Firm had the most lawyers included in Best Lawyers of any law firm in the Charleston geographic area. We consider it a privilege to help injured workers seek all the benefits provided by law. We’d like to help you too.
Let Our Attorneys Help with Your Workers’ Compensation Claim
You don’t have to deal with the South Carolina workers’ compensation system on your own if your employer or the insurance administrator is disputing your right to benefits. The workers’ compensation attorneys of Joye Law Firm have been standing up for injured South Carolinians like you since 1968.