Steps to Take to File a Workers’ Compensation Claim
A workplace injury can leave you facing medical bills, lost wages, and uncertainty. Most South Carolina employees are covered by the state’s Workers’ Compensation Act, which provides medical care and wage replacement benefits to workers hurt on the job. However, receiving those benefits depends on taking the right steps within strict deadlines. If you have any questions regarding the workers’ compensation process, our Greenwood workers’ compensation attorneys at Nicholson, Meredith & Anderson are available to assist you in filing your claim.
What Should You Do Immediately After a Workplace Injury?
Immediately after a workplace injury, you should seek medical attention and ensure the injury is documented. In an emergency, go to the nearest emergency room. Otherwise, ask your employer which doctor to see, since the employer or its insurer generally chooses your treating physician. Keep copies of all medical records and work restrictions.
How Soon Must You Report Your Injury to Your Employer?
You must report your injury to your employer within 90 days of the accident under South Carolina workers’ compensation law. For repetitive trauma injuries such as carpal tunnel syndrome, the 90-day period generally begins when you discovered, or reasonably should have discovered, the condition. Notify your supervisor in writing and keep a copy to provide proof of notice. In South Carolina, late notice can jeopardize your benefits.
What Is the Filing Period for a Workers’ Compensation Claim in South Carolina?
The filing period for a workers’ compensation claim in South Carolina is generally two years from the date of the accident. If your employer does not report the injury, or your benefits are delayed or denied, you can file a Form 50, Employee’s Notice of Claim, with the South Carolina Workers’ Compensation Commission. For repetitive trauma injuries, the claim must generally be filed within two years after you knew or should have known the injury was compensable, and no later than seven years after your last injurious exposure.
What Should You Do After Filing Your Claim?
After filing your claim, you should follow your doctor’s treatment plan and keep detailed records. Attend every appointment and track missed workdays and communications with the insurer. If your claim is denied, you can request a hearing before the Commission.
How Can a Workers’ Compensation Lawyer Strengthen Your Claim?
A workers’ compensation lawyer can strengthen your claim by building a well-documented case that supports every benefit you are owed. Your attorney can make sure deadlines are met and forms are filed correctly. A lawyer can also gather medical opinions linking your injury to your job and verify your average weekly wage to protect your compensation rate. If the insurer disputes your claim, a lawyer can collect witness statements, prepare evidence, and represent you at Commission hearings. Your attorney can also evaluate permanent disability benefits and negotiate a settlement reflecting your claim’s full value.
Ready to Get Started? Speak with Our Greenwood Workers’ Compensation Attorneys Today
If you need help with your workers’ compensation claim, our Greenwood workers’ compensation lawyers are ready to guide you through every step. Don’t let a missed deadline cost you rightful benefits. To discuss your work injury case, contact Nicholson, Meredith & Anderson today online or by calling (864) 229-7241.