Work Injury Reporting Deadlines in South Carolina
Employees injured on the job have a legal right to collect workers’ compensation benefits. Workers’ compensation allows injured or ill workers to recoup lost wages, medical expenses, and permanent disability benefits. Families of employees who have succumbed to a workplace injury or occupational exposure can also recover benefits as long as they meet the required reporting deadlines.
At John Price Law, we have seen firsthand the distress that a workplace injury or illness can have on a worker and their family. You must adhere to the statutory timeframes to preserve your claim. Our workplace injury attorney in Charleston, SC, will walk you through the process of filing a workers’ comp claim.
90 Day Filing Deadline
Following a workplace incident, an employee must report the incident to their employer within 90 days. However, many workers wait, fearful of experiencing retaliation. Sadly, there have been numerous instances of employees being fired, demoted, or experiencing other adverse actions. While the fear is understandable, it is illegal for employers to retaliate against employees who have filed for workers’ compensation. To protect your benefits, report your claim to your employer immediately.
Even if you have experienced an injury from repetitive trauma, not a singular accident, you still have 90 days to report it. In this case, the 90 days will begin after you discovered (had actual knowledge) or should have discovered (had constructive knowledge) of your injuries. Regarding occupational exposures, the 90-day period begins once your condition is diagnosed.
Two-Year Claim Deadline
South Carolina workers’ compensation provides benefits to injured workers and surviving dependents. Dependents of a deceased worker have two years after the employee’s death to file a claim. Similar to the 90-day rule, a person who experiences a repetitive motion injury will have two years to file a claim once they have actual or constructive knowledge of the cause of their injuries. However, this comes with a limit. Under SC Code §42-15-40, an injured worker cannot file a claim more than seven years after the last date of exposure to injurious conditions.
Injured workers and families of deceased workers have two years to file a claim with the Workers’ Compensation Commission. An injured worker must file a Form 50 (a workplace injury claim), while a dependent must file a Form 52 (a workplace death claim).
Workers’ Compensation Benefits in Charleston, SC
Employees receiving workers’ compensation are entitled to 2/3 of their average weekly wages, with the current statutory maximum being $1,134.43 for all claims filed on or after January 1, 2025. Workers’ comp benefits also include coverage of all reasonable and necessary medical expenses related to your condition, including emergency room care, surgeries, prescriptions, and rehabilitative therapies.
Temporary total disability benefits will last for 500 weeks, until you reach maximum medical improvement (when you are expected to no longer make any significant improvement) or until you can return to your normal position. Workers who can work in a reduced capacity will receive partial disability benefits, which will typically equal 66 2/3% of the difference between their pre-injury wages and post-injury wages.
Even if you believe that you have missed the filing deadline, you should speak with a workers’ compensation lawyer who can explore if alternative remedies may be applicable in your situation. Some exceptions to the two-year deadline include incapacitation following your accident or exposure, or if your condition has suddenly worsened. If your condition does deteriorate, you may be eligible for additional compensation as long as you file claim paperwork within one year of receiving your last benefit payment. Speaking with a workers’ compensation lawyer ensures that you have exhausted all options.
Reach Out to Our Workplace Injury Attorney Today
Workplace accidents and occupational exposures can wreak havoc on your health, preventing you from returning to work. At John Price Law, our Charleston workplace injury lawyers understand the pressure you are under when expenses are accumulating, but no income is being generated. Given what is at stake, you need the assistance of experienced counsel who can help you reach a structured settlement that fits your lifestyle needs. To learn more about our services, contact us online or call (843) 552-6011 to arrange your free consultation.