South Carolina Workers’ Compensation Process
Report Your Injury
To be eligible for benefits, you must notify your employer within 90 days of being injured, or of when you as the employee discovered or should have discovered that your condition is work related. Contact your immediate supervisor, human resources officer, or other representative of your employer to begin the South Carolina workers’ compensation process.
Get Medical Treatment
You must see a doctor chosen by your employer (or your employer’s insurance company).
Your employer must report your injury or health condition to your compensation insurance carrier within 10 days, and the carrier in turn reports to the South Carolina Workers’ Compensation Commission. Employers do not have to report minor injuries as defined by law. However, once it is realized as a serious injury it must be reported in 10 days.
Acceptance or Denial
If your employer accepts the claim, you should receive coverage for medical treatment. You could also receive partial replacement of lost wages if your doctor takes you out of work, if you can’t work at all, or if your employer can’t accommodate your restrictions. Your benefits start on your eighth day out of work. If your employer denies the claim or fails to report, you must file a claim within the commission within 2 years of the accident (or of learning about your condition).
A commissioner will make a decision on the claim. Each party has 14 days following the decision to file an appeal.
A three-member commission will hear from both sides and issue a decision. This decision can also be appealed all the way to the South Carolina Supreme Court, which has the final determination. Lourie Law Firm can help you through the process of your workers’ compensation claim. Call us for a free consultation at 803-799-9805.