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How to file for Workers Compensation benefits in South Carolina

The Carolina Law Group > Blog  > How to file for Workers Compensation benefits in South Carolina

How to file for Workers Compensation benefits in South Carolina

Monty Desai | Attorney, Greenville, SC

Monty Desai | Partner & Attorney

If you’re covered under workers’ compensation in South Carolina and you sustain an injury on the job, you’re entitled to benefits to help cover and compensate for medical bills, lost wages, disability, and more.

But if you’ve been injured on the job, how do you file a claim for workers’ compensation benefits in South Carolina? What’s the process? Read on to find out how to get the benefits you’re entitled to.

How to File for Workers’ Compensation in South Carolina

In South Carolina, it is typically the responsibility of your employer to start the benefits process. However, you must report your injury to your employer within 90 days. (For illnesses and occupational diseases, you should report it as soon as you become aware that your condition may be work-related.) If you don’t report the injury within this time frame, you could potentially be barred from receiving compensation you deserve.

In addition, all claims for an injury under workers’ compensation must be filed within two years of the date of the injury. This does not mean you have two years to inform your employer of your injury; you have just 90 days.

What to Do If Your Employer Doesn’t File Your Workers’ Comp Claim

Occasionally employers fail to file a workers’ comp claim on your behalf, which means you won’t receive any benefits. If this happens, what can you do?

The SC Workers’ Compensation Commission allows you to personally file a claim “if your employer does not report your accident, denies your injury by accident, or if you believe you did not receive all of your benefits.” You can do so by submitting Form 50 or Form 52. Find out more right here.

You should also contact a workers’ compensation attorney if your employer doesn’t file your claim. Sometimes it’s a simple oversight on the employer’s behalf, while other times the employer wants to deny the claim altogether, meaning you won’t receive any benefits. It’s smart to talk to an experienced workers’ comp lawyer who can help you build your case and navigate the process.

Call the Workers’ Comp Attorneys at The Carolina Law Group

You are entitled under South Carolina law to receive compensation for work-related illnesses and injuries, and the experienced workers’ compensation attorneys at The Carolina Law Group can help you get the benefits you deserve. Call one of the numbers below to schedule a free, no-obligation consultation with an attorney to discuss your issue.

Call us at one of our four offices or contact us online to schedule your free consultation with one of our attorneys. Our business hours are Monday – Thursday 8:30am – 5:30pm & Friday 8:30 am – 5 pm. Weekend and evening hours by appointment only. Our Greenville, SC law firm offers Spanish, Hindi, and Gujarati language translation services for your convenience.



Monty D. Desai came to the United States on Christmas Eve, 1988. After high school he joined the service in order to earn money for college. Monty would go on to earn a letter of commendation as a Navy Corpsman for the Marine Corps. After his service, Monty completed his undergraduate studies at the University of South Carolina. From there, Monty went on to attend Thomas M. Cooley Law School on full scholarship, where he earned his Juris Doctorate. Following graduation from law school, Monty served as prosecutor with Greenville County Solicitor’s Office, and also worked as a a adjunct professor in the Criminal Justice Division at Greenville Technical College. In 2015 Monty was recognized by the National Academy of Personal Injury Attorneys as ranked among the Top 10 Under 40 for excellence in the field of personal injury.

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