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Steps to Filing for Workers’ Compensation

Steps to Filing for Workers’ Compensation in South Carolina

Experienced attorney provides trustworthy advice in Murrells Inlet and vicinity

Workers’ compensation is a vitally important employer-provided insurance program protecting employees who suffer work-related injuries and illnesses. But to access essential benefits, such as medical treatment and wage replacement, you must file your claim correctly and in a timely manner. At that point, you should be able to concentrate on your health. Unfortunately, problems often arise in the course of a workers’ comp claim, and you may need legal assistance to assert your rights. If that happens, you can rely on the Law Offices of David L. Hood to manage disputes effectively so you can continue receiving the benefits you deserve.

How to file for workers’ compensation after an on-the-job accident

If you are hurt at work, you are entitled to medical treatment. If you require emergency care, you should get yourself to a hospital emergency room immediately. You do not have to file a claim before you go to the ER.

However, the law does require you to notify your employer within 90 days of an accident. If you fail to do so, you could lose your benefits unless one of the narrow exceptions applies to your case, such as:

  • Your employer already having notice of the accident
  • You being physically or mentally incapable of reporting the accident
  • You being the victim of fraud or deceit by a third party

It is not your responsibility to file the claim with the insurance company; your employer should do that. However, employers often neglect this obligation, making it difficult or impossible for workers to access benefits. So, the law does allow you to file a claim on your own behalf.

Simply file a Form 50 with the South Carolina Workers’ Compensation Commission. This form asks for pertinent information about your accident and your injuries. You have up to two years from the date of your accident to file your Form 50.

In the event of a fatal accident, a surviving family member can file a Form 52 for death benefits within two years of the date of death.

Filing a workers’ comp claim for an occupational disease in South Carolina

Workers’ compensation doesn’t just cover accidental injuries on the job. As an employee, you are also insured against repetitive stress injuries and occupational diseases. However, these conditions are different because they appear and worsen over time, so it’s very difficult to set a date when the condition first occurred. For a repetitive stress injury, such as carpal tunnel syndrome, you must file a workers’ comp claim within two years of the time when you knew or reasonably should have known your condition was work related. For an occupational disease claim, such as chronic obstructive pulmonary disease (COPD), you must file within two years of the date you receive a definitive diagnosis.

Contact a knowledgeable workers’ comp attorney in Murrells Inlet for help filing your claim

The Law Offices of David L. Hood provides determined legal representation to injured workers in workers’ compensation claims. To schedule a free consultation, call us at 843-485-0011 or contact our Murrells Inlet office online.

Our Offices
    • Charleston
      170 Meeting St.
      Charleston, South Carolina 29401
      Phone: 843-444-4663
    • Columbia
      1320 Main St., Suite 300
      Columbia, South Carolina 29201
      Phone: 803-227-4668
    • Georgetown Office
      601 Front Street
      Georgetown, South Carolina 29440
      Phone: 843-527-8010
    • Greenville (Downtown)
      220 N. Main St.
      Suite 500
      Greenville, South Carolina 29601
      Phone: 864-272-3992
    • Greenville (Millport at Butler)
      128 Millport Circle
      Suite 200
      Greenville, South Carolina 29607
      Phone: 864-272-3992
    • Hilton Head
      110 Traders Cross
      1st Floor
      Bluffton, South Carolina 29909
      Phone: 843-663-4040
    • Mt. Pleasant
      1240 Winnowing Way
      Suite 102
      Mt. Pleasant, South Carolina 29466
      Phone: 843-491-6025
    • Myrtle Beach Office
      1293 Professional Dr.
      Suite D
      Myrtle Beach, South Carolina 29577
      Phone: 843-444-4663
    • Murrells Inlet(Principal) Office
      11919 Plaza Drive
      P.O. Box 2070
      Murrells Inlet, South Carolina 29576
      Phone: 843-491-6025
      Fax: 843-357-0068
    • N. Charleston
      4000 S. Faber Place Dr.
      Suite 300
      N. Charleston, South Carolina 29405
      Phone: 843-779-7567
    • North Myrtle Beach Office
      1019 Highway 17 S.
      North Myrtle Beach, South Carolina 29582
      Phone: 843-663-4040
    • Rock Hill
      331 E. Main St.
      Suite 200
      Rock Hill, South Carolina 29730
      Phone: 803-227-4668
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