Important Workers' Compensation Deadlines and What Happens When They Are Missed
South Carolina Workers’ Compensation Claim Deadlines
Notify your employer within 90 days of the accident or your discovery of the injury.
For repetitive stress and occupational illness cases, the “notify employer within 90 days of discovery” rule can be abused by insurance companies in attempt to reduce benefits or contest claims.
File a claim with the Workers’ Compensation Commission as soon as possible, and certainly within 2 years of the accident or when you discovered or reasonably should have discovered the injury or illness.
Surviving family members of a deceased worker have 2 years to file a claim for death benefits.
A Form 18 Periodic Report must be filed by the employer within 6 months of the accident and then every 6 months while you are still receiving benefits.
When a Single Commissioner reaches a decision on your claim, you have 14 days from your receipt of the order to file for a hearing by the Full Commission Panel.
When the Full Commission Panel reaches a decision, you have 30 days to file an appeal to the South Carolina Court of Appeals.
What Happens When You Miss a Deadline?
- Deadlines are important.
- If you miss a deadline for making notice or filing a claim, your claim may be denied.
- If you miss a deadline for an appeal, you may have to begin the claims process again or your claim may be outright denied.
- Some exceptions exist. For example, if your employer was aware of your injury or if your injury prevented you from filing a claim, you may have more time.
How Can a Lawyer Help Me?
- A lawyer can explain the rules of workers’ compensation in South Carolina, determine your eligibility for benefits, prepare a solid claim, and advocate for your right to full benefits.
- A workers’ compensation lawyer will make sure that deadlines are met and documents are filed properly.
- A lawyer will handle all communications with your employer and the insurer regarding your claim.
- A lawyer can file for an appeal if your claim is denied or undervalued.
- A lawyer can represent you at any necessary hearings.
- A lawyer can work to negotiate a fair settlement of your claim.