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How do I apply for workers’ compensation in SC? To apply for workers’ compensation in South Carolina, inform your employer of your accident or illness immediately, get medical care from a preferred provider, and then file a written claim with the workers’ compensation insurer within 90 days.
Your employer is responsible for filing your claim with the South Carolina Workers’ Compensation Commission and their insurer. If they fail to do so, you can file a claim directly with the agency. Speak with a South Carolina workers’ compensation lawyer about your case today.
Inform the Employer of Your Injury or Illness as Soon as Possible
As soon as possible after your accident, inform your employer of what happened. If possible, do this right after it occurs so that the evidence of what occurred is clearly outlined and saved. In situations where you have serious injuries or illness, call 911 immediately and focus on getting medical care at a local emergency room first.
In most situations, you can inform your employer of the incident immediately and receive specific instructions on which medical provider to see (you can see any medical provider in an emergency). Your employer will provide you with instructions on getting care, and they cannot refuse to provide you with access to the care you need.
The initial information shared with your employer is just that – it is a notification of the injury occurring and that you are seeking medical care. You cannot file a claim just yet, but you need to inform your employer of the injuries. Under South Carolina workers’ compensation laws, you must notify your employer within 90 days of the incident occurring. Ideally, this happens much sooner.
How Do I Apply for Workers’ Compensation? Get Medical Care Immediately and Follow Through
Workers’ compensation, at its basic level, pays for your medical costs associated with work-related injuries and losses. That means you must seek immediate medical support from a licensed physician and a recognized provider. When you can, go to the provider recommended by your workers’ compensation insurer. In all situations, keep the following in mind:
- Follow all recommendations provided by the doctor. Avoid working, rest if told to do so, and follow up with all care recommendations. Demonstrating that you are doing all you can to recover, as directed by your doctor, is important.
- Do not return to work until your treating physician authorizes you to do so or provides work restrictions that permit a safe return.
- Continue to receive care as long as your doctor recommends. Throughout this process, always document all costs you have, as well as any diagnoses, tests, or claims filed to your personal health insurance.
If you do not feel the provider is addressing all your needs, it may be time to reach out to a workers’ compensation attorney for additional support. You have rights under the law, and your employer cannot limit your right to seek medical care and treatment. Seek legal guidance from a South Carolina personal injury lawyer if you run into any concerns.
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File a Claim Directly with Workers’ Compensation If Necessary
In most situations, the claim process begins shortly after the injury is reported and continues throughout your treatment and recovery. Workers’ compensation may pay for all of your medical costs as well as missed time, in some cases. Your employer must alert the workers’ compensation insurer about your accident, and in most cases, the insurer will reach out to you for added details of your claim.
If, for any reason, your employer does not file a workers’ compensation claim within 10 days of you providing notice, you can file a claim directly with the South Carolina Workers’ Compensation Commission. This is done directly by filling out SCWCC Form 50. If you need to follow this method, the agency will contact you to complete a claim.
In situations where your employer denies your claim for any reason, you can also file a claim directly with the agency using Form 50. Keep in mind that denials and delays are concerning. In these situations, it is best to seek legal support and guidance throughout the process. Contact a South Carolina workers’ compensation lawyer.
Meet All Deadlines and Submit All Evidence
You have two years from the date of the injury to file a formal claim with all of your losses. Again, you should not wait until the last minute to file; most cases will close before then. However, if you miss this two-year limitation, you may be unable to recover damages.
When you are ready to file a formal claim, include all details about the incident, including what caused it, what your initial injuries are, and what your physical losses may be. It is best to have copies of all documents that demonstrate time lost, medical costs, and out-of-pocket costs you pay.
In situations where you need to file a claim directly with the agency, be sure to send the completed form directly to the Commission. Using certified mail is beneficial. You should also keep copies and send another copy to your employer. Your employer’s insurance company may contact you with questions. Always be honest and upfront about what you are experiencing and what you are losing.
How to File a Claim When You Are Denied
How do I file a workers’ compensation claim in SC if my employer refuses? Contact the Commission directly, and at the same time, contact a workers’ compensation attorney. Employers cannot deny your right to fair compensation, and if they do so or even refute your statements, having legal guidance becomes critical to receiving fair treatment.
Speak to a Workers’ Compensation Lawyer in South Carolina Now
At Farmer & Morris Law, PLLC, we provide you with legal guidance and support throughout the process. You can learn how to apply for workers’ compensation in SC by calling us to discuss your case.
When you are facing challenges, you deserve a trusted attorney by your side.
