What if I Didn’t Report My Work Injury the Day it Happened?
Mitchell K. Byrd, Jr. | Attorney
The South Carolina Workers’ Compensation Commission (SCWCC) has set rules for exactly how work-related injuries, illnesses, and deaths are compensated, including time limits with respect to reporting an accident and filing a claim. If you were injured at work, you may be wondering if you made a mistake by not reporting the injury to your employer the day it happened. Here’s what the SCWCC has to say about it.
How long do I have to report my work injury in South Carolina?
In this state, you need to report your work injury to your employer within 90 days. If you don’t report it within this time frame, you may lose out on benefits you’d otherwise be entitled to. Because you have 90 days from the date of the injury, that means you do not have to report a workplace injury the day it happens. While that is recommended, it is not required; you won’t risk losing any benefits, as long as you meet the 90-day requirement.
What about reporting an occupational disease? Unlike an injury, which occurs on a particular date, illnesses develop over time, making it difficult to determine when the clock starts on the 90 days. In this situation, report any illness which you believe developed due to working conditions as soon as possible. (Learn more about getting workers’ compensation for occupational diseases on our blog here.)
You have more time to file a claim
While you have 90 days to report your injury to your employer, you have two years to file a claim for workers’ compensation benefits. This two-year limit applies whether you’re seeking benefits for yourself for an injury or illness or if you are the dependent (or, if no dependents, the parent) of an employee who died on the job.
The employer should file a claim on your behalf, but if for some reason they don’t, you may file a claim yourself. Submit Form 50 (illness or injury) or Form 52 (death) to the South Carolina Workers’ Compensation Commission. Claims forms can be found on their website here.
Work with the workers’ compensation attorneys of The Carolina Law Group
Whether you were recently injured and just starting the claims process, had your claim denied, or believe you’re suffering a work-related illness, you should speak to an experienced workers’ compensation lawyer to help you with your case. The workers’ comp attorneys at The Carolina Law Group can help you through the process of getting the maximum benefits you’re entitled to under the law while you focus on your health. Schedule your free consultation to discuss your case by calling one of the numbers below.
The Carolina Law Group has four offices in upstate South Carolina for your convenience: Greenville (principal office; call 864.312.4444), West Greenville (864.312.4444), Greer (principal office; call 864.757.5555), and Spartanburg (principal office; call 864.757.5555). Call today.