Workers' comp deadlines in South Carolina: tell your employer and file

Tell your employer in South Carolina

Time limit

90 days

Counted from

The date of the accident (for repetitive trauma, the date you discovered or could reasonably have discovered that your condition is compensable)

In writing?

The law does not require writing

If you are late

If notice is not given within 90 days, no compensation is payable unless the Commission accepts a reasonable excuse and finds the employer was not harmed by the delay. Benefits for the time before notice may also be lost unless your employer already knew about the accident or you could not give notice because of incapacity or someone's fraud.

Illness that develops over time

For repetitive trauma, notice is due within 90 days of the date you discovered, or could have discovered with reasonable diligence, that your condition is compensable.

Report every work injury to your employer immediately. Tell someone in a supervisory role, such as a manager, supervisor or on-site nurse; telling a co-worker may not count as notice. The law requires notice within 90 days after the accident.

Law: S.C. Code § 42-15-20

Source: wcc.sc.gov

File your claim in South Carolina

Time limit

2 years

Counted from

The date of the accident (or the date of death)

What to file

Form 50, Employee's Notice of Claim or Hearing Request, filed with the Workers' Compensation Commission. Filing a claim is free; the $50 fee applies only if you are also asking for a hearing. Filing by registered mail within the deadline counts as timely.

Source: Form 52 for a death claim

Claim form

Employee's Notice of Claim or Hearing Request (Form 50)

Who files it

You report the injury to a supervisor. Your employer reports it to the Commission and its insurance carrier. You also file your own Form 50 with the Commission to make your claim (no fee for a claim only).

What your employer must do

Your employer must keep a record of all work injuries. An injury with lost time, medical costs over the amount set by Commission rule, or possible permanent injury must be reported to the Commission within 10 business days after the employer learns of it.

When the insurer decides

Once you have been out of work for 8 days because of a reported injury, the employer's representative may start temporary payments right away and may pay for up to 150 days from the date the injury is reported while it investigates, without giving up a good-faith denial. When it makes the first payment it must notify the Commission.

Illness that develops over time

For an occupational disease, the 2 years start when you are definitively diagnosed with the disease and told of the diagnosis. For a repetitive trauma injury, file within 2 years after you knew or should have known the injury is compensable, but no more than 7 years after your last harmful exposure.

Even if your employer's representative has already reported the accident to the Commission, you must file your own claim within 2 years after the accident to protect your right to compensation. Use Form 50.

Law: S.C. Code § 42-15-40

Law: S.C. Code §§ 42-15-40, 42-19-10, 42-9-260

Source: wcc.sc.gov

Waiting period and first payment in South Carolina

Waiting period

No wage benefits are paid for the first 7 calendar days of disability. You can start receiving temporary compensation on the 8th calendar day you are unable to work. Medical care is paid from the start.

Paid back for the waiting days

If you are out of work for more than 14 days, you are paid from the first day.

First payment

Payments are sent directly to you weekly, often by mail. When the claim is accepted by agreement, the first payment is due on the 14th day after your employer learned of the injury. If an installment due under an approved agreement or award is not paid within 14 days after it is due, 10% is added to it unless the Commission excuses the delay.

How often you are paid

Weekly

Law: S.C. Code §§ 42-9-200, 42-9-230, 42-9-90

Source: wcc.sc.gov

Deadline if you are punished for filing

Within 1 year.

Law: S.C. Code § 41-1-80

Deadline helper

Count your dates with the deadline helper · Write the notice to your employer