South Carolina Workers’ Compensation Benefits Claim Process

South Carolina workers' compensation

Every state has its own unique process in place for handling workers’ compensation claims. Anyone living in South Carolina who gets hurt or sick on the job should follow the steps below when filing a workers’ comp claim. You can also skim our chart showing the South Carolina workers’ compensation program statistics from 2011 to 2015 below.



How to File Your South Carolina Workers’ Compensation Claim

The South Carolina Workers’ Compensation Act provides coverage for all employers with four or more employees. The only policy exceptions are Federal, railroad/railway express, agricultural, casual and/or temporary and agricultural workers. (Certain real estate salespeople may also be exempt from coverage.) This law protects all parties in the event that someone develops an occupational illness or suffer a workplace injury. According to the South Carolina Workers’ Compensation Commission, here are the steps for filing your claim:

  1. Notify your supervisor as soon as possible that you’re injured or ill and request medical treatment, if needed. You may lose your right to claim benefits if you don’t report it within 90 days. However, the official statute of limitations for filing a South Carolina workers’ compensation claim is two years from the date of the incident.
  2. Your employer must then report your illness or injury to the Commission within 10 days. If your employer fails to do so, you may report your workplace injury or illness yourself using Form 50. You’ll also use this form to file a complaint if you believe your employer isn’t paying you the full workers’ comp benefits you’re rightfully owed.
  3. If your employer denies that your injury or illness is work-related, you have the right to appeal. However, you must appeal your employer’s denial within 14 days of the date you reported your illness or injury. To appeal, you must request a hearing before the commissioner using Form 50. You’ll also have to pay a $25 filing fee when you request your hearing.
  4. If your claim’s approved, your employer pays all medical bills and other expenses incurred as a result of your injury or illness. To qualify for lost wage payments, you must miss at least seven days of work. South Carolina workers’ compensation law states that benefits can be paid for a maximum of 500 weeks.

Since each South Carolina workers’ compensation claim is different, your own experience may vary. For more information, review the FAQs listed on the Commission’s website.

South Carolina Workers’ Compensation Statistics

The Bureau of Labor Statistics (BLS) includes nearly every U.S. state and territory in its annual workers’ compensation statistical report. This yearly report shows the total workers’ compensation claims filed, how many employees changed jobs or missed work, and each job sector’s individual claims data. See how the South Carolina workers’ compensation claims changed from 2011 to 2015 in our chart below.

The biggest South Carolina workers’ compensation program changes occurred from 2011 to 2012. The total claims filed fell by 4,000, and 4,400 employees also called in sick or transferred jobs that year. The service industry’s biggest shift happened in 2015, when 2,900 fewer claims were filed than the previous year. Since numbers fell at a steady pace over this five-year period, it appears that the law is doing a good job of protecting injured or sick South Carolina workers.

How An South Carolina Workers’ Compensation Attorney Can Help You

Still have questions about your South Carolina workers’ compensation claim? You can meet with an experienced workers’ comp attorney near you and get free, personalized advice. Whether you just want someone who understands the system inside and out to review your claim paperwork or want legal representation to handle your appeal, we can help.

To find the closest South Carolina workers’ compensation attorney and schedule your free consultation, click the button below now.

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