Time Limit to File a Workers’ Comp Claim in SC

If you have been injured on the job or have experienced an occupational illness, you may be entitled to compensation for your lost wages and medical bills. Additionally, South Carolina workers’ comp allows dependents of deceased employees to file a workplace death claim. Whether you are an injured worker or a family member filing on behalf of a deceased employee, you only have two years to file a workers’ comp claim. That differs from the amount of time you must report your injury or illness, with South Carolina law imposing strict deadlines.

At Parker & Bain in Gaffney, SC, our workers’ compensation attorneys are committed to helping injured employees recover the entirety of their losses. In this blog, our legal team discusses the deadlines that workers must follow to preserve their right to file a work injury claim.

Filing a Workers’ Compensation Claim in Gaffney, SC

Employers who have four or more employees are required to provide workers’ comp insurance. Workers’ comp offers wage replacement and reimbursement for all reasonable and necessary medical expenses. To preserve your right to file a claim, you need to report your work accident within 90 days, although it is better to report your injury or illness immediately.

Wage Replacement

Workers who have missed seven consecutive days of work are entitled to lost wage benefits beginning on the eighth day of missing work. Benefits for lost wages are typically two-thirds of an injured worker’s average weekly wage, with a weekly statutory maximum of $1,134.43 being imposed for all claims filed on or after January 1st, 2025. If you are out of work for 14 consecutive days, benefits will apply retroactively back to your first missed day of work.

Medical Expenses

Workers’ comp insurance covers all reasonable and necessary medical expenses, including ambulance rides, hospitalizations, emergency room care, surgeries, rehabilitative therapies, mobility aids, prostheses, and travel expenses to and from the doctor and pharmacy. You must see a provider that your employer approves to be eligible for medical coverage, although this does not apply when seeking emergency care. In most cases, insurance will provide a nurse case manager to oversee your care.

Death Benefits

Dependents of workers who have experienced a fatal injury or have succumbed to an occupational illness will also have two years after the worker’s date of death to file a claim. South Carolina workers’ comp provides 500 weeks of wage replacement benefits, reimbursement for medical costs, and $12,000 in funeral and burial costs. If you are interested in learning more, you should speak with a Gaffney workers’ compensation attorney to discuss your rights as a dependent.

What if I Miss the Two-Year Deadline?

If you miss the two-year deadline in South Carolina, this will likely result in a claim denial. It is essential to adhere to the 90-day reporting deadline as well as submit any requested documentation to your employer’s insurance carrier. As an employee, your health should be your number one concern, not legalities. Following your workplace accident or occupational exposure, seeking legal representation will guarantee that you receive maximum compensation for your claim.

Speak with a Gaffney, SC, Workers’ Compensation Lawyer Today

At Parker & Bain, our priority is getting injured workers the care they need. This is not possible without the necessary financial resources, which is why you want skilled counsel by your side. If you have recently been injured or fallen ill in the course of your employment, our workers’ compensation attorneys in Gaffney, SC, are available to defend your interests. To learn more about our services, contact us online or give us a call at (864) 252-2650 to arrange your consultation.