Is there a Statute of Limitations on Workers’ Comp claims in South Carolina?
There are a few important things to note with respect to a workers’ compensation claim. A workers’ compensation claim typically arises from injuries sustained by you in the course of your employment with your employer.
The first thing, and arguably the most important thing, to remember is that it is your responsibility, as the employee, to notify your employer immediately, or within a practicable time, after suffering an injury. Failure to do so can result in a denial of your claim and a loss of your entitled benefits.
Second, South Carolina established the Workers’ Compensation Commission to assist employees in obtaining salary and expenses while they are recovering from their injury. This is in addition to any additional claims process is ongoing because employees bear the immediate financial burden of recovery.
Third, while the Commission exists to help your recovery, it is not a complete right to damages. The Commission has set out a series of filings that must be completed, and promptly, in order to begin the claims process.
How soon must a SC Workers Compensation Claim be filed?
South Carolina is one state that follows the legal doctrine of “Statute of Limitations.” South Carolina Code of Laws § 42-15-20(B) states that the employee must report any injury to their employer within ninety (90) days. S.C. Code of Laws § 42-15-40 further gives the injured employee two (2) years to file their workers’ compensation claim with the State Workers’ Compensation Commission. Again – it cannot be stressed enough – you must immediately, or within a practicable time, notify your employer as soon as the injury occurs or you could lose the opportunity to receive your entitled workers’ compensation benefits.
If you or someone you love has suffered an injury at work, contact the Dan Pruitt Injury Law Firm to set up a free Workers’ Compensation consultation, you may call us at 864-232-4273 of click the “chat” button on this page. We work on a contingency basis, meaning that we will not accept any compensation until you have received yours.
Dan Pruitt is a Personal Injury Attorney who practices in Greenville, SC. He graduated from University of Georgia, and has been practicing law for 25 years. Dan Pruitt believes in fighting for the injured. Learn more about his experience by clicking here.