Posted on: May 28, 2014
Starting a workers’ compensation claim involves two main parts:
- Giving notice to your employer
- Filing a Form 50 or Form 52
You will need to file forms with the South Carolina Workers’ Compensation Commission to get the process started. This process may seem straightforward, but initiating a workers’ compensation claim can be a complex process. There are many strict deadlines for informing your employer of your injury and filing a claim. If you do not take action prior to these cutoff dates, you will not be able to collect workers’ compensation benefits.
Steps to File
The first step in the process of obtaining benefits under workers’ compensation is to inform your employer that you have been injured. Under the South Carolina Workers’ Compensation Act, you must give notice to your employer at the time of your accident or as close to the event as possible. However, you must notify your employer of your on the job injury within 90 days of the injury. If it is a repetitive trauma case, such as carpal tunnel, you must give notice to your employer within 90 days of the date that you discovered the issue.
There are exceptions to the 90-day requirement, such as if:
- The employer already knew about the accident
- You were physically / mentally incapable of informing your employer
- You were the victim of deceit or fraud from a third party
To file your claim for workers’ compensation benefits, you will need to file a Form 50 or Form 52 with the Workers’ Compensation Commission. You may also have an attorney assist you in this process. You should also keep in mind that there are strict deadlines for filing the claim. You will have two years from the date of the injury to file a claim for workers’ compensation benefits, as long as you gave notice of the injury to the employer within 90 days of being hurt. In cases involving a fatality, you must file the claim within a two-year period from the date of the death. The two-year time limitation does not apply in cases when the injured person is mentally incompetent or is a minor.
For repetitive trauma injuries or occupational diseases, you will need to file a claim within two years from when you knew or should have known that the injury is work related. If your claim is filed more than seven years after the last date that you were exposed to the injurious cause, your claim will be barred.
The workers’ compensation process can be a confusing process, especially when you may still be struggling with your injury or illness. At George Sink, P.A. Injury Lawyers, we can help clients file workers’ compensation claims step by step. To learn more about your case and how we can help, contact us today for a FREE case review.