Three Crucial Steps in Filing a Workers’ Compensation Claim in South Carolina

If you are hurt in an on-the-job accident, you should give notice to your employer at that time or as soon as you have the opportunity to do so. In any event, you must give notice to your employer within 90 days after the accident, or else you could lose your right to receive workers’ compensation benefits.

If you were diagnosed with repetitive trauma or an occupational disease, then you must give notice to your employer within 90 days of the date you discovered the illness or could have discovered it by “exercising reasonable diligence,” or within 90 days of your definitive diagnosis.

Once you give your employer notice of your injury or illness, the employer should then report it to its workers’ compensation insurer. The insurer, in turn, reports your claim to the South Carolina Workers’ Compensation Commission.

If you are an employee who is eligible for workers’ compensation benefits, then workers’ compensation medical benefits should pay for all medical costs that arise from your injury or illness, including:

You do not have to pay a deductible. Additionally, you may be entitled to reimbursement of transportation costs that are related to your medical care.

However, in order to be covered through workers’ comp, you must go to a medical care provider that is chosen by your employer or by its workers’ compensation insurer.

If you are not satisfied with the treatment, you can seek authorization to see a different provider. You should contact our firm right away if your employer or its insurer refuses to allow the desired change in your medical care provider.

The answer: You must file a claim on your own with the S.C. Workers’ Compensation Commission.

If you are filing a claim based on an accident-related injury, repetitive trauma or occupational disease, you must file Form 50. (If you are filing a claim for workers’ compensation death benefits after losing a loved one to a workplace accident, you would file Form 52.)

You should be prepared to give information that includes:

• Name of your employer
• Date of your injury or diagnosis
• Body parts injured or otherwise affected
• Date you gave notice to your employer
• Medical treatment that is needed
• Name of medical care provider who has treated you to date
• Types of benefits you are seeking.

You will also need to check a box that indicates whether you are requesting a hearing. If you are requesting a hearing, you will need to pay a $25 fee.

Keep in mind: You must file your South Carolina workers’ compensation claim within two years after the date of your work accident or the date of your loved one’s death.

If you are filing a claim based on repetitive trauma or an occupational disease, you must file the claim within two years of the date of your discovery or diagnosis.