Key Deadlines for Employees Injured at Work in South Carolina
Two deadlines are important when an employee is injured on the job — when the employee must give notice of the injury to their employer and when the employee must file a workers’ compensation claim. Failure to meet the deadlines may result in the denial of the employee’s claim.
Giving notice of an injury
Under South Carolina’s workers’ compensation law, an employee must give notice to their employer immediately after the accident or as soon after the accident as possible. The employee must report the injury within 90 days. Notice is not required if the employer had actual notice of the accident or if the injured employee could not give notice because of physical or mental incapacity.
If an employee suffers a repetitive trauma injury, such as carpal tunnel syndrome, the employee has 90 days to give notice from the time they discover it, or should discover, that their work caused or aggravated the condition. The employee must show a reasonable excuse for failing to give timely notice and that the employer was not prejudiced by the delay.
Filing a timely claim
Once an employee reports an injury or illness, the employer must report the injury or illness to the South Carolina Workers’ Compensation Commission. If the employer fails to report the injury or illness or denies responsibility, the injured employee must file the claim.
What are the deadlines?
- A claim must be filed within two years of the accident or the death of the employee.
- If the employee suffers an occupational disease, the two-year period begins to run when the employee is diagnosed and notified of the diagnosis.
- An employee must file a claim for a repetitive trauma injury within two years of when they knew or should have known the injury is related to work, but the employee must file the claim within seven years of the last exposure to injury.
- Time limits for filing a claim do not run against employees who are mentally incompetent.
If you suffered an injury on the job, call a workers’ compensation attorney at Steinberg Law Firm 24/7 at 843-720-2800, make an appointment at www.steinberglawfirm.com, or visit our offices in Charleston, Goose Creek or Summerville.
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