If you are injured on the job in South Carolina, you have only 90 days to report your injury to your employer and two years to file a claim with the Workers’ Compensation Commission. Of course, your case is always much stronger the closer to the accident that you report your injury to your employer. Immediately reporting your injury is always best, but just because you do not immediately report, does not mean you do not have a claim.
Usually, the Workers’ Compensation Commission will be alerted to your claim by your employer, but that doesn’t always happen.
You, or your lawyer, can let the Commission know you have a claim by filing a Form 50 with the Commission or by sending a letter with specific details to the Commission. You can find the explanation of other commonly use forms with the South Carolina Workers’ Compensation Commission here.
If you have an issue in your claim such as: the insurance carrier is denying your claim; denying you medical treatment; late with your workers’ compensation weekly payments or not paying you for permanent impairment, your attorney can file for a hearing before the South Carolina Workers’ Compensation Commission to have a Commissioner hear your issue. The Commissioner can order your employer and their insurance company to provide you with benefits under the South Carolina Workers’ Compensation Act that you are entitled to.
The Commission can force your employer and their insurance company to send you to the doctor; provide you with specific medical care recommended by your treating physician; get your weekly checks caught up; provide you with a second opinion or order them to pay you for your permanent impairment.
We can help
If you have any questions regarding your workers’ compensation claim or require additional information, please contact Venus Poe today at 864.963.0310 or fill out an online case evaluation form. We have offices in Greenville and Fountain Inn, South Carolina to better serve you. Knowing your rights is imperative to ensure that you obtain the benefits and compensation to which you are entitled. Also, there is no obligation or charge for our initial consultation to see if we can assist you with your case.
The information you obtain in this article is not, nor is it intended to be, legal advice. You should not read this article to propose specific action or address specific circumstances, but only to give you a sense of general principles of law. Application of these general principles to particular circumstances must be done by a lawyer who has spoken to you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice in the jurisdiction in which you may have a case.