[Transcript]
How do I file a workers' compensation claim in South Carolina? My name's Jeff Berger, and I practice law here in Columbia, South Carolina. I made this video to answer that question for you. Workers' comp is designed to provide benefits for people injured in the course and scope of their employment; in other words, if you got hurt at work, even if the accident was your fault, you can still file a workers' compensation claim. The first thing you have to do is to let your employer know you got hurt. You only have 90 days to notify your employer, so you must tell them about the incident as soon as possible. The employers are then supposed to fill out some forms and send them on to their insurance company, and those forms ultimately get sent to the Workers Compensation Commission. If you've got doubts that your employer is filing the worker's comp claim on your behalf, you can actually contact the Workers Compensation Commission directly; their numbers are in the phone book and are, of course, also available online. The next thing, and what I'd certainly do at least for a consultation, is to contact a lawyer. Workers comp can be a confusing process. The language is unfamiliar, and most folks we represent tell us it's their first experience with the workers' compensation system, so rather than go through it blindly, much of the time, speaking with a lawyer can provide a lot of guidance, a lot of answers, and remove some of the fear and uncertainty from the process. Again, a few ways exist to file a worker's comp claim. First, you should let your employer know and have them file the claim. The second is contacting the Workers' Comp Commission directly, and the third is getting in touch with a lawyer and having the lawyer assist you not only in filing the claim but guiding you through the process. We handle these kinds of cases every day, and we'd certainly be glad to help you as well if you'd like a free consultation or free copies of my books. You can request them right here on the website, no matter what you choose, or you can contact us now. I look forward to speaking with you and doing everything I possibly can to help you as you move forward with your workers' compensation claim.
If you were hurt on the job in South Carolina, you should immediately notify your employer. You have only 90 days to put them on notice. The company is then supposed to contact its workers' compensation insurance carrier, which in turn will set up a claim. The insurance company should also file certain forms with the South Carolina Workers' Compensation Commission (WCC).
6 Things Injured Workers in South Carolina Should Know
- Workers’ compensation is your legal right as a hard-working South Carolina resident who was injured on the job.
- South Carolina is a no-fault state.
- Your employer won’t pay your claim – his/her insurance company will.
- You are required to notify your employer of your injury within 90 days.
- Workers’ comp cases have a 2-year statute of limitations.
- Most South Carolina workers’ compensation lawyers offer free consultations.
4 of the Most Common Workers' Comp Injuries in South Carolina
- Slips and trips. Slips and trips are common because they can happen to anyone, anywhere, at any time.
- Falls. Construction workers and those whose jobs involve lifts, ladders, or scaffolding are frequent victims of falls that can lead to serious workplace injuries.
- Repetitive motion. Repetitive motion injuries can affect people in many different industries.
- Motor vehicle accidents. Driving a car, truck, or van all day is common in many different occupations, and unfortunately, drivers are not immune from the dangers of the road when they're on the clock.
Do I Need to Hire a Workers’ Compensation Lawyer?
You Should Consider Hiring a Worker’s Comp Lawyer If…
- The insurance company is dragging its feet, intentionally elongating the process;
- Your employer and/or its insurance company refuses to send you to the proper doctor;
- You suffered a serious injury while working (the injury caused permanent impairment or will require future medical treatment, requires surgery, or prevents you from returning to work); or
- The insurance company fights to pay you less than the law entitles you to receive.
Whether or not you need a workers' comp lawyer after being hurt at work will largely depend on the severity of the injury and how you're being treated by your employer and its insurance company.
If Your Employer Won't File Your Workers' Comp Claim, You Have Options
Should your employer refuse to inform the insurance company of your injury, you have options. You may contact the WCC directly. The WCC will ask that you fill out and submit a form describing the nature of your on-the-job injury.
Another option is to hire a Myrtle Beach personal injury attorney who can guide you through our state's workers' comp system. Unfortunately, the workers' compensation claims process can be difficult to understand. With that in mind, we recommend at least setting up a free consultation with an experienced workers' comp attorney so they can answer your questions and provide some guidance before you move forward with your claim.
My firm represents injured workers on a contingency fee basis, meaning that our fee is contingent upon how much money we obtain for you at the end of your case. For answers to other questions you might have about filing a workers' comp claim, request a free copy of my books and contact our Myrtle Beach workers' comp attorney team today at (803) 790-2800 or by using the live chat box below.