How Long Do I Have to File for Workman's Comp?

When you are injured on the job in South Carolina, chances are you can file a workers' compensation claim. With a few exceptions, every employee in South Carolina is covered by the State Workers' Compensation Act. However, it is absolutely essential that you report your injury and file your claim within the time allotted by law, or you could lose your right to receive benefits.

In the state of South Carolina, you have 90 days to report an injury that occurred on the job, and two years to file a claim for workers' compensation.

When you report a workplace injury to your employer, it's best to inform them in writing. If your employer prefers that you talk with them directly, then talk to them and hand them a written injury report as well. Save a copy for yourself: this gives you evidence that you informed your employer of your injury. Your employer then has ten days to report the workplace injury to the South Carolina Workers' Compensation Commission.

If your employer fails to file a claim on your behalf after ten days, you can file a claim yourself. Submit Form 50 to the South Carolina Workers' Compensation Commission. If you are filing a claim on behalf of a family member or loved one who died in a workplace accident, submit Form 52. Either form can be downloaded below.

  • Form 50: Employee's Notice of Claim
  • Form 52: Employee's Notice of Claim, Death Case

When you fill out these forms, make sure to check box 13a, which reads "I am not requesting a hearing at this time." When you are first filing a workers' compensation claim, there is generally no need to request a hearing. In most cases, the only reasons you will have to request a hearing are:

  • If your employer does not report your workplace accident
  • If your employer denies your injury qualifies as a work injury
  • If you believe you did not receive the full benefits that were due to you

If any of the above circumstances apply to you, you should consider hiring a work injury lawyer familiar with South Carolina's work compensation laws. The attorneys at Steinberg Law Firm have handled hundreds of work injury cases, and know the most beneficial actions to take in any given situation. With a lawyer from Steinberg Law Firm on your side, you have nothing to fear from dishonest employers or sluggish bureaucracy.

To schedule a free case review with the work injury lawyers at Steinberg Law Firm, contact us by calling 843-720-2800. We serve clients in Charleston, Goose Creek, Summerville, and throughout South Carolina.

Updated on May 14, 2015

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