Filing a Workers' Comp Claim in South Carolina

The injured worker must notify the employer immediately, or as soon as practicable, after the accident. No compensation is payable unless notice is given within 90 days after the accident or death, unless the worker has a reasonable excuse and the employer was not prejudiced. For repetitive trauma, notice is due within 90 days of when the worker discovered, or reasonably could have discovered, that the condition is compensable. The Commission advises reporting to a supervisor, manager or on-site nurse, since telling a co-worker may not count.

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.

Report the injury to your employer and ask to be sent to the employer's doctor. To protect your rights, file a Form 50 (injury claim) or Form 52 (death claim) with the Workers' Compensation Commission within two years; there is no charge to file a claim. If the claim was not reported, was denied, or benefits are not being paid, you can request a hearing on the Form 50 or 52, submitted to the Commission's Judicial Department with a $50 fee.

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).

Report the accident to your employer immediately (no compensation is payable unless notice is given within 90 days). Even if your employer's representative reports the claim, you must file your own claim with the South Carolina Workers' Compensation Commission within two years of the accident on Form 50 (Form 52 for a workplace death). Filing a claim is free; a request for a hearing costs $50. Forms are downloadable from the Commission's website. Questions about filing: Claims Department, claims@wcc.sc.gov.