How Long Do I Have to File a Workers' Compensation Claim?
If you get hurt at work in Greenwood, SC, you must report your injury to your employer within 90 days and file a formal workers’ comp claim within two years. Missing these deadlines can cost you medical coverage and lost wage benefits. That’s why acting quickly and getting legal help early can make all the difference.
At Nicholson, Meredith & Anderson, our workers’ compensation attorneys in Greenwood, SC, can ensure your claim is filed on time, handled correctly, and backed by the evidence you need.
Why These Deadlines Really Matter
Deadlines may sound simple. However, real life gets messy. Let’s say a nurse at Self Regional Healthcare slips and injures her knee. She thinks it’s minor and keeps working. Two months later, the pain worsens, and an MRI shows a torn ligament. Because she reported the accident within 90 days to her employer, she can still file a workers’ comp claim. On the other hand, if she had waited until the pain became unbearable months later, her employer could argue she missed the reporting deadline.
Now consider a construction worker who injures his back lifting lumber. He files an internal incident report but never files a workers’ comp claim. Two years later, his back condition worsens, and he can’t work. Without filing an official claim, he loses eligibility for benefits. These examples illustrate how easily a valid injury can fall through the cracks.
When the 2-Year Deadline Works Differently
Not every workers’ comp case comes from a sudden fall or machinery accident. Many workers develop health issues slowly, after months or years of exposure to hazardous conditions. For instance, asbestos-related lung disease, hearing loss from constant loud machinery, or carpal tunnel from repetitive work are all considered occupational diseases.
Workers’ comp rules handle these differently. Instead of starting the two-year clock on the day you were last exposed at work, the deadline begins when a doctor makes a definitive diagnosis linking your illness to your job. This rule recognizes that workers may not realize right away that their cough, pain, or numbness is tied to their work environment.
The catch is that insurance companies often argue about when the clock really started ticking. For instance, if you saw a doctor a year ago who noted possible work-related damage but didn’t give a clear diagnosis, the insurer may claim that counts as the starting date. A Greenwood, SC, workers’ comp lawyer can challenge that and push back with medical evidence, ensuring your case isn’t thrown out on a technicality.
Why Working with a Greenwood, SC, Workers’ Comp Lawyer is in Your Best Interest
A lawyer can step in to protect your rights from day one and secure the workers’ comp benefits you rightfully deserve. They can:
- Ensure the notice to your employer is given within 90 days.
- File your claim before the two-year deadline.
- Track down medical records to establish the true date of diagnosis in occupational disease cases.
- Push back against insurers that try to cut off benefits by misinterpreting deadlines.
Speak to Our Dedicated Workers’ Compensation Lawyers in Greenwood, SC
For questions or assistance with your workers’ comp claim, you can reach Nicholson, Meredith & Anderson online or at 864-229-7241 to arrange your free consultation. Our Greenwood, SC, workers’ compensation attorneys can help you report your injury properly, meet every filing requirement, and fight back if your employer or insurer tries to deny your benefits.