After a Work Injury in the Columbia Area
Care comes first. A family member or coworker can report the injury and start the paperwork.
- Get to the hospital. A fall from scaffolding or a crushed hand means 911. Tell every provider it happened at work and how.
- Check which doctor is approved. The employer or its carrier usually selects the authorized treating physician.4 Call the adjuster before booking follow-ups elsewhere.
- Report it in writing. A text or email to your supervisor with what happened, when and where.
- Confirm a claim was filed. Ask, and get the answer in writing.
- Write down the details. The time, the task, the equipment and who was nearby.
- Take photos if safe. Your injuries as they heal, and the spot and any broken equipment.
- Get coworkers' numbers. People change jobs.
- Keep one folder. Medical bills, pay stubs, schedules and every insurer letter.
- Don't rush forms. Many workers ask a lawyer first.
Work in the Midlands
People in the Columbia area work in warehouses and plants along I-77 and I-26, on construction crews and highway projects, in hospitals and nursing homes, in restaurant kitchens in the Vista and Five Points, for state agencies downtown, and at USC and the other colleges. Each kind of job brings its own injury risks.
Workers' Comp Deadlines
Notice to the employer is generally due within 90 days.2 A South Carolina workers' compensation claim generally must be filed with the Workers' Compensation Commission within two years after the accident, and telling the employer does not count as filing.3 The ordinary claim-filing period is two years after the accident, but exceptions and special rules may apply.5
Repetitive trauma injuries and occupational diseases that develop over time may follow different timing rules, and the date symptoms began isn't necessarily when the deadline started.6 Hurt by a state or county employee, such as a driver on a public road crew? Claims against a South Carolina state or local government agency have their own filing deadline, which can be shorter.7
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
What Comp May Pay
Workers' compensation may pay for authorized medical treatment, partial wage replacement when an injury keeps you from working, and benefits for qualifying permanent disabilities. It generally doesn't pay for pain and suffering, and you usually don't have to prove the employer was negligent.8
Claims Against Someone Else
A separate lawsuit may be possible against a negligent third party, such as a driver who hit your work truck on I-26 or the maker of a machine that failed.9 Be careful with contractors: the statutory-employer doctrine can extend comp immunity to some businesses that aren't your direct employer.1011 See workers' comp claims in South Carolina for more.
Talk With Us
A work injury can put your health, your job and your bills on the line at once. Tell us what happened at work and what your employer and its insurer have done since.
Our office is on King Street in Charleston. We take cases across South Carolina, including Columbia and the Midlands. The first conversation can happen by phone. If you were hurt on a building site, see Columbia construction accident claims.
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
- 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.9
- 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.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 enough?
Not necessarily. Reporting an injury to a supervisor is not necessarily the same as filing a claim with the Commission. Telling your employer gives notice, which should happen right away.2 The Commission advises injured workers to file a Form 50, or a Form 52 for a death claim, even when the employer has reported the accident.5
Don't I get three years, like a car wreck?
Can I sue my employer?
Can I pick my own doctor?
For non-emergency care, the employer or its insurer usually selects the authorized treating physician, although exceptions may apply.4 An ambulance ride or ER visit for a true emergency shouldn't wait on approval. Before follow-up visits, confirm the care is 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 § 42-1-560
- 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 §§ 42-1-400 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.
