Category Archives: Workers’ Comp FAQ

Is there a deadline to report a workers’ compensation injury?

It is important to promptly report your injury and file a claim, and you should do so as soon as possible after you are injured. You may lose you workers’ compensation benefits if you fail to report the injury within 90 days of the date of the accident. You or your dependents or family usually must file a workers’ compensation claim with the South Carolina Workers’ Compensation Commission within two years of the date of the work-related accident or death of an employee. Different rules may apply in certain cases, such as occupational diseases, and you should contact our lawyers to discuss your particular situation.

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Do I need a lawyer in my workers’ compensation case?

If your injury is minor and your time out of work brief and your recovery quick and complete, you probably do not need a lawyer. Your employer or insurer should pay your compensation benefits and medical bills and you should soon be back at work. However, if any of the following apply, you should contact our lawyers for a free consultation: When you believe you have a serious injury which is likely to result in being out of work for a substantial period When you believe you are likely to have a long-term or permanent injury When your employer or its insurer have denied your claim or are refusing to acknowledge it When your employer or its insurer are denying necessary medical treatment When your employer tells you that there is no workers’ compensation coverage When your employer tells you that workers’ compensation coverage does not apply in your situation.

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How do I file a workers’ compensation claim?

Your employer should report the claim to the Workers’ Compensation Commission when you first report an injury. You should confirm that the employer has done so by asking your employer, or by contacting a lawyer or the Commission. Ask your employer to give you documentation that the claim has been reported. If your employer fails to report the claim or if your claim is denied or if you are not provided medical care, you or your lawyer may file a claim with the Commission. You should discuss your case with a lawyer to ensure all your legal rights are protected.

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