Appealing a Denied Workers' Comp Claim in South Carolina
The deadline to challenge a denied workers' comp claim in South Carolina, where to file, and the steps from hearing to appeal.
Short answer: A claim must be filed with the Workers' Compensation Commission within two years after the accident (or death); later dates apply to some occupational disease and repetitive-trauma claims. A single commissioner hears the dispute. S.C. Code §§ 42-15-40, 42-17-40, 42-17-50, 42-17-60
| Deadline to challenge a denial | A claim must be filed with the Workers' Compensation Commission within two years after the accident (or death); later dates apply to some occupational disease and repetitive-trauma claims. A single commissioner hears the dispute. A party may ask the full Commission to review the award within 14 days of notice of the award, with a fee. A full Commission decision may be appealed to the South Carolina Court of Appeals within 30 days of the award or of receiving notice of it by registered mail, whichever is longer. Claim filing: https://www.scstatehouse.gov/code/t42c015.php |
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| Appealing a denial | A single commissioner decides the hearing. A party may ask the full Commission (appellate panel) to review the award by applying within 14 days of notice of the award, with a filing fee. A full Commission decision can be appealed to the S.C. Court of Appeals within 30 days of the award (or of receiving notice by registered mail, whichever is longer). Source: S.C. Code §§ 42-17-50, 42-17-60 |
| Deadline to file a claim | The right to compensation is barred unless a claim is filed with the Workers' Compensation Commission within two years after the accident (or two years after a death). For occupational diseases, the two years start when the worker is definitively diagnosed and told of the diagnosis. For repetitive trauma, the claim must be filed within two years after the worker knew or should have known the injury was compensable, but no more than seven years after the last injurious exposure. The Commission notes that the worker must file a claim even if the employer has already reported the injury. |
Where to get help in South Carolina
More South Carolina workers' compensation
- Filing a Workers' Comp Claim in South Carolina
- How Much Workers' Comp Pays in South Carolina
- Workers' Comp Settlements in South Carolina
- Retaliation for Filing Workers' Comp in South Carolina
- Suing Over a Work Injury in South Carolina
- All South Carolina workers' compensation rules
FAQ
How long do you have to appeal a denied workers' comp claim in South Carolina?
A claim must be filed with the Workers' Compensation Commission within two years after the accident (or death); later dates apply to some occupational disease and repetitive-trauma claims. A single commissioner hears the dispute. A party may ask the full Commission to review the award within 14 days of notice of the award, with a fee. A full Commission decision may be appealed to the South Carolina Court of Appeals within 30 days of the award or of receiving notice of it by registered mail, whichever is longer.
How do you appeal a denied workers' comp claim in South Carolina?
A single commissioner decides the hearing. A party may ask the full Commission (appellate panel) to review the award by applying within 14 days of notice of the award, with a filing fee. A full Commission decision can be appealed to the S.C. Court of Appeals within 30 days of the award (or of receiving notice by registered mail, whichever is longer).
What is the deadline to file a workers' comp claim in South Carolina?
The right to compensation is barred unless a claim is filed with the Workers' Compensation Commission within two years after the accident (or two years after a death). For occupational diseases, the two years start when the worker is definitively diagnosed and told of the diagnosis. For repetitive trauma, the claim must be filed within two years after the worker knew or should have known the injury was compensable, but no more than seven years after the last injurious exposure. The Commission notes that the worker must file a claim even if the employer has already reported the injury.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.