Filing for Workers' Compensation

Professional Guidance from a Charleston Personal Injury Lawyer!

In South Carolina, once a worker is injured at work, they are to report all injures to their employer immediately and request medical treatment if needed. If a worker neglects to report his or her injuries within 90 days of the accident, they may lose their right to benefits.

Although a worker must report an injury within 90 days, the worker has up to two years to file a claim for benefits. If a worker dies as a result of work-related injuries, the worker's dependents, or the worker's parents if there are no dependents, must file a claim within two years of the death to claim benefits.

Filing a Claim: South Carolina Workers' Compensation Commission

If your employer fails to report your accident, or accidentally denies your injury, or if you believe that you are not receiving all of the benefits that you are entitled, you may personally file a claim by submitting a Form 50 or Form 52 to the South Carolina Workers' Compensation Commission.

Every South Carolina employee, with exceptions is presumed to be covered by the state's Workers' Compensation Act. Exceptions to this provision include railroad employees, certain casual employees, federal employees, businesses with less than four employees, agricultural employees and certain real estate sales persons. Workers' compensation pays for medical treatment and lost wages during the period of disability at a rate of 66 2/3 percent of the employee's average weekly wage.

Workers' Compensation Coverage

Filing a claim for workers' compensation requires special attention. Any delay in filing or error in the application can cause inconvenient delays. If you have special circumstances and your employer failed to report your accident or if you believe you are not receiving the full benefits that you are entitled to, it's especially important to engage a Charleston workers' compensation attorney.

In addition to filing a workers' compensation claim, you may be entitled to compensation in a third party claim if a negligent third party contributed to your injuries, which could mean thousands more in compensation to you. By utilizing our firm's services, you can be confident that your claim is being filed properly and that you have an aggressive attorney pursuing the maximum benefits that are allowable by law.

We urge you to contact our firm to discuss your workplace accident and all of the possible avenues for obtaining compensation!