If you have been hurt on the job, you could be entitled to receive workers’ compensation benefits. However, there are strict timeframes for reporting your accident and filing a claim. If you miss the deadline, you may be unable to recover any compensation for your injuries at all.
Keep reading below to learn more about the deadlines for filing a workers’ compensation lawsuit in South Carolina.
South Carolina Workers’ Compensation Claim Filing Deadlines
Your time to file a claim after a workplace accident is limited. Just like other types of personal injury claims, workers’ compensation claims also have time limits. Workers’ compensation claims are a little different because you must first report your injury to your employer.
You only have 90 days to report the injury or illness, and failure to report your injury within that timeframe can bar you from recovering benefits.
After reporting your injury to your employer, your claim might not get resolved the way you expect. If your claim has been delayed or denied, you can file a formal claim with the South Carolina Workers’ Compensation Commission. You have two years to file this claim, and waiting too long will prevent you from receiving any benefits.
Are There Any Exceptions to the South Carolina Workers’ Compensation Deadlines?
In most cases, both the 90-day reporting requirement and the two-year filing deadline are hard deadlines. Failure to meet these deadlines will generally prevent you from recovering any compensation. However, a few limited exceptions do exist.
Those are:
- Death claims: If a worker dies in a job-related accident, the victim’s surviving family members are typically exempt from the 90-day reporting requirement. However, the death claim must still be filed within two years.
- Voluntary waiver: In rare cases, your employer may still allow the claim to be filed beyond two years. If they waive their right to assert the deadline as a defense, then your claim will be allowed.
- Cognitive impairment/disability: If your injury results in a cognitive impairment such that you lack the mental capacity to file a claim, then the deadline will be paused until you regain the mental capacity to move forward.
- Minors: Injured workers who are under 18 may get additional time to file their claim. In most cases, the two-year clock does not start to run until the minor reaches 18 years of age.
If your situation falls under one of these exceptions, you may get additional time to file your claim. However, you should always seek help from an experienced personal injury lawyer who can help you identify the specific deadline for your case.
What to Do After a Work-Related Injury
After an injury at work, there are some things you should do to protect your health and your legal rights. Following these tips can preserve your workers’ compensation claim and protect your ability to receive compensation and benefits.
After your accident, you should:
- Take photos of the accident scene and your injuries
- Get names of any co-workers or others who saw what happened
- Report your claim in writing to your employer right away
- Keep all medical appointments and follow your doctor’s orders
- Talk to an experienced lawyer for legal guidance
- Keep a journal of your recovery, including pain details and how your daily life is impacted
Reporting your accident immediately to your employer is extremely important to retain your legal rights.
Do I Need a Lawyer For My Workers’ Compensation Claim?
Whether or not you actually need a lawyer for your workers’ compensation claim depends on the specifics of your accident and your injuries.
You can likely handle the claim on your own if:
- You only have minor injuries
- You didn’t miss any work (or very little)
- Your medical bills are not significant
- Your employer agrees that your accident was work related
On the other hand, not every workers’ compensation claim is that straightforward. There are some situations in which you should absolutely consult with an attorney. Those include situations like:
- You sustained severe injuries with high medical expenses
- You expect to miss significant time from work
- Your employer denies your claim
- Your claim was approved but is not being paid
- Your treatments are not being approved in a timely manner
- You face any retaliation for filing your workers’ comp claim
If your workers’ compensation claim involves serious injuries, delayed or denied benefits, or disputes with your employer, speaking with an experienced attorney can help you understand your rights and determine the best path forward.
Contact a Columbia Workers’ Compensation Lawyer at Jamie Casino Injury Attorneys for a Free Consultation
If you were injured on the job and have questions or concerns about your workers’ compensation claim, Jamie Casino Injury Attorneys can help. We have 40 years of combined experience representing injured people and can explain your rights and legal options.
Contact us today to schedule a free consultation with an experienced Columbia workers’ compensation lawyer.
We serve Savannah, Augusta, Columbia, and the surrounding areas in Georgia and South Carolina.
Jamie Casino Injury Attorneys – Savannah Office
480 Mall Blvd, Savannah, GA, 31406
(912) 491-4845
Jamie Casino Injury Attorneys – Augusta Office
1450 Greene St, Suite 140
Augusta, GA, 30901
(706) 841-9202
Jamie Casino Injury Attorneys – Columbia Office
1507 Richland St, Columbia, SC, 29201
(803) 674-8030
