Having to file a workers’ compensation claim can be overwhelming. It can be a complex procedure, and filing a claim incorrectly can mean you don’t receive any benefits for a work-related accident or injury. The whole process can be confusing, as how to properly file a claim differs between states. Below you can see how to properly file a workers’ compensation claim in South Carolina.
Notify Your Employer of the Accident
The first step to correctly filing a workers’ compensation claim in South Carolina is to notify your employer. Whether you are suffering an injury or you were in an accident, it is imperative that your employer knows what happened and what your injury is. It is best to let your employer know at the time of the accident, or soon afterwards. However, you must let your employer know within 90 days. For example, if you are complaining of getting a work-related disease or of a repetitive stress injury, you must let your employer know within 90 days of being diagnosed.
However, there are exceptions to this rule in South Carolina. If your employer already knows about the accident, perhaps because they were a witness, you do not need to formally tell them what happened. If an accident affects an individual’s mental capacity and their ability to recount what happened, the 90-day rule does not stand true. If fraud or deceit of a third party was involved, this 90-day rule can also be disregarded.
File a Claim With Workers’ Compensation Committee
After letting your employer know, then you must file a claim with the South Carolina Workers’ Compensation Committee. It’s important to realize that you are able to file a claim personally if your employer fails to report the injury or denies your injury. You will file a Form 50 if you want to receive compensation for a work-related injury, accident or disease. A Form 52 must be filled out in the event of a fatality.
Again, there are deadlines that must be met. You must file a claim in South Carolina within 2 years of the accident occurring. For example, if there was a fatality, the claim must be filed within 2 years from the date of death, or if you suffered from a work-related disease or repetitive stress injury, the claim must be filed within 2 years from the date of diagnosis.
Get the Help of a Lawyer
It is always a good idea to get the expert advice of a lawyer if you are hoping to properly fill out a workers’ compensation claim. With such strict deadlines and complicated rules, having an attorney explain the process to you in full can ensure that you receive the benefits that you deserve. Workers’ compensation lawyers realize that each case is unique, and treat all clients with respect.
If you or someone you know has recently been involved in an accident at work, it is imperative that a workers’ compensation claim is properly filed. This procedure can be complex in South Carolina, which is why having the help of a lawyer is a good idea. Land, Parker & Welch, Attorneys at Law are workers’ compensation lawyers serving South Carolina communities. For more information about workers’ compensation and filing a claim, visit the website at www.lpwlawfirm.com.
