What to Do After a Work Injury in Charleston
Charleston-area jobs run from warehouses near the port and plants in North Charleston to restaurant kitchens downtown, hotel housekeeping on the islands and hospital floors. If you were hurt at work, get care first. A spouse or coworker can report the injury and start a folder.
In an emergency, call 911 and tell every nurse and doctor that it happened at work and how. For follow-up care, the employer or its insurer usually picks the authorized doctor.4 Check that a visit is authorized before you go so the bill doesn't turn into a dispute.
Tell a supervisor what happened, when and where, and follow up with a text or email so there's a date on it. Then ask whether a claim has actually been filed, and get the answer in writing. Jot down which shift it was, what you were lifting or running, and who was standing close by.
Photograph your injuries as they heal, and if it's safe, have a coworker photograph the spot and any broken tool. Collect coworkers' phone numbers now. Keep medical bills, pay stubs, schedules and every form from the employer or insurer together, and get your questions answered before you sign.
State Comp Deadlines
Most job injuries in South Carolina go through workers' compensation.1 Workers generally must report the accident to the employer within 90 days.2 Any required claim must also be filed on time with the Workers' Compensation Commission.3
The ordinary filing period is two years after the accident, but exceptions and special rules may apply. Telling a supervisor isn't necessarily the same as filing, and the Commission advises filing a Form 50, or Form 52 for a death claim, even if the employer reported it.5
Injuries from repetitive work and occupational diseases can follow different timing rules, and the day symptoms began isn't necessarily the day the deadline started.6 A separate case against a city, county or state agency would follow its own, possibly shorter, deadline.7
What Comp May Cover
Workers' compensation may pay for authorized medical treatment, partial wage replacement when you can't work, and benefits for qualifying permanent disabilities. It generally does not pay for pain and suffering, and you usually don't have to prove your employer was negligent.8
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Claims Against Someone Else
Against a covered employer, comp is generally the only remedy, with limited exceptions. A separate suit may be possible against a negligent outside party, like a driver who hit your work van on I-526 or the maker of a defective forklift.10 Under the statutory-employer rule, some contractors share the employer's protection, so not every other company on the job counts as a third party.911
Our South Carolina workers' comp page has more.
Talk With Us About What Happened
Getting hurt on the clock leaves you worrying about rent, your position and your recovery all in the same week. Tell us what happened and where things stand. Our office is on King Street in downtown Charleston.
Scaffold falls and trench collapses are covered on our Charleston job site injury page. A forklift, saw or press that malfunctioned may also raise a Charleston defective product claim.
Call and tell us what your employer and its insurer have done since.
South Carolina Law on This
- Most injuries that happen on the job in South Carolina go through the workers' compensation system, which has its own rules, and usually limits suing your own employer.1
- An injured worker in South Carolina generally must tell the employer about a work accident right away, and no later than 90 days after it, to receive workers' compensation, unless an exception applies.2
- A South Carolina workers' compensation claim generally must be filed with the Workers' Compensation Commission within two years after the accident, or after a death it caused. Telling the employer does not count as filing. Occupational diseases and repetitive trauma follow different rules.3
- In South Carolina, an employer or its workers' compensation insurance carrier generally must provide and pay for reasonable medical treatment for a compensable work-related injury. The employer or insurer usually selects the authorized treating physician, although exceptions may apply.4
- The ordinary South Carolina workers' compensation claim-filing period is two years after the accident, but exceptions and special rules may apply. Reporting an injury to a supervisor is not necessarily the same as filing a claim with the Workers' Compensation Commission. The Commission advises injured workers to file a Form 50, or a Form 52 for a death claim, to protect their rights even when the employer has reported the accident.5
- Different workers' compensation timing rules may apply to repetitive trauma injuries and occupational diseases that develop over time in South Carolina. The date a worker first experienced symptoms is not necessarily the date the filing deadline began.6
- Claims against a South Carolina state or local government agency have their own filing deadline, which can be shorter, and there could be caps on damages under the South Carolina Tort Claims Act, depending on the facts of the case.7
- South Carolina workers' compensation may provide payment for authorized medical treatment, partial wage replacement when an injury prevents work, and benefits for qualifying permanent disabilities. Benefits depend on the nature of the injury, the employee's wages and the applicable rules. Workers' compensation generally does not provide damages for pain and suffering, and workers usually do not have to prove the employer was negligent to qualify.8
- Workers' compensation is generally the exclusive remedy against a covered South Carolina employer for a qualifying workplace injury, although limited exceptions exist. South Carolina's statutory-employer doctrine can extend that immunity to some contractors or other businesses, so they are not automatically third parties simply because they are not the worker's direct employer.9
- In South Carolina, an employee injured at work may be able to receive workers' compensation benefits and also pursue a personal injury claim against a responsible third party, such as another driver. The workers' compensation insurer may have a right to reimbursement from any settlement or judgment. Special rules and deadlines apply when pursuing both claims.10
- Under South Carolina workers' compensation law, a business that hires a subcontractor to perform work that is part of the business's own trade or operations may be considered a statutory employer. When this rule applies, the business can be responsible for workers' compensation benefits for the subcontractor's employees, even though it did not hire them directly.11
- Most personal injury claims in South Carolina must be filed within three years.12
- South Carolina's statute of limitations generally sets the deadline for filing a lawsuit in court. Simply opening a claim with an insurance company or negotiating with an insurance adjuster does not stop the statute of limitations from running.13
Frequently Asked Questions
I told my supervisor. Isn't that a claim?
Not necessarily. Reporting an injury to a supervisor is not necessarily the same as filing a claim with the Commission. An injured worker generally must tell the employer about a work accident right away.2 The Commission advises filing a Form 50, or a Form 52 for a death claim, even if the employer reported the accident.5
I thought injury claims got three years.
Can I sue the company I work for?
Do I get to pick my doctor?
For non-emergency care, the employer or its insurer usually selects the authorized treating physician, though exceptions may apply.4 In an emergency, get care right away. Before follow-up visits, confirm they're authorized to avoid a fight over bills.
Sources
- S.C. Code § 42-1-540
- S.C. Code § 42-15-20
- S.C. Code §§ 42-15-20 and 42-15-40
- S.C. Code § 42-15-60; S.C. Code Regs. § 67-509(A)
- S.C. Code § 42-15-40; South Carolina Workers' Compensation Commission guidance for injured workers
- S.C. Code § 42-15-40
- S.C. Code §§ 15-78-110 and 15-78-120
- S.C. Code Title 42; South Carolina Workers' Compensation Commission guidance for injured workers
- S.C. Code §§ 42-1-400, 42-1-540; Keene v. CNA Holdings, LLC, 436 S.C. 1, 870 S.E.2d 156 (2021)
- S.C. Code § 42-1-560
- S.C. Code §§ 42-1-400 through 42-1-420; Keene v. CNA Holdings, LLC (S.C. 2021)
- S.C. Code § 15-3-530
- S.C. Code §§ 15-3-20 and 15-3-530
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.
