Hurt on the Job? Here’s How to File a Workers’ Compensation Claim in South Carolina

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Workers' compensation claim

An injury that puts you out of work can be painful, stressful, and expensive. When an employee is injured while working, state and federal laws mandate the worker be compensated for his medical expenses and lost wages. Unfortunately, some employers do not comply with workers’ compensation laws or may try to deny your claim to protect their bottom line. If you have suffered a workplace injury, it is critical to know what to expect from the workers’ compensation system, as there are important deadlines that must be met. If you have been very seriously injured, or experience difficulty obtaining fair compensation from your employer, a workers’ compensation attorney may be able to help.

How Workers’ Compensation Works in South Carolina

If you are hurt on the job, let your employer know as soon as possible. An employee has 90 days from the time of injury to notify his employer. Once an employee gives notice of a workplace injury, the employer has 10 days to report the injury to the South Carolina Workers’ Compensation Commission. If your employer accepts your claim, you should receive reimbursement for all your medical expenses and time off work. To be eligible for workers’ compensation, you must be out of work at least seven days. If you are out of work for more than seven days, you will be compensated for the entire time you missed. Reimbursement should be received in a timely manner, after the mandatory seven-day waiting period.

Unfortunately, if your employer denies your claim or neglects to report your injury on time, receiving compensation for your injury may be a time-consuming process. An employee has two years from the time he incurred the injury to file his own claim with the South Carolina Workers’ Compensation Commission. The commission will typically require the parties to attend mediation in hopes they can reach an agreeable settlement. If no agreement is reached, the commission will set a hearing. Both sides argue their case, and the commission makes a decision.

Workers’ Compensation Appeals Process

The employee and employer both have the right to appeal the decision made by the South Carolina Workers’ Compensation Commission. A notice of appeal must be filed within two weeks of the decision. Another hearing is granted, and a three-person panel at the commission will reconsider your case. It is possible to appeal your case again (and again), to the South Carolina Appeals Court and finally, the state Supreme Court. Workers’ compensation claims rarely make it to this level of appeal. Appealing a claim denial has a much higher chance of success with an experienced workers’ compensation lawyer by your side.

South Carolina Workers’ Compensation Attorneys

For help obtaining fair compensation for your workplace injury, contact the workers’ compensation attorneys at The Law Offices of Steven M Krause PA We proudly serve the community of Anderson, South Carolina and beyond. To schedule your free initial consultation and case review, call us or submit a contact request form on our website.


We help people like you every day.