What to Do After a Work Injury on Hilton Head
Treatment comes first. A coworker or relative can get the ball rolling if you can't.
- The ER. For anything serious, 911. Make sure the chart says this was a work injury and spells out the task you were doing.
- Authorized treatment. For nonemergency care, the employer or its workers' comp insurer generally picks the treating doctor.4 Check with the adjuster before booking a follow-up.
- Tell your boss in writing. Text or email the supervisor what happened, when and where, so the notice has a date on it.
- Ask whether a claim was filed. Don't assume the employer or insurer took care of it. Get the answer in writing.
- Your account. The time, the task, the equipment and who was nearby.
- Pictures. Your injuries as they heal; if it's safe, a coworker can photograph the spot and any broken equipment.
- Coworkers' numbers. Seasonal staff move on, so get them now.
- A folder. Medical bills, pay stubs, schedules and every letter from the employer or insurer.
- Forms. Many workers get their questions answered before signing.
Jobs That Get People Hurt Around the Island
Hilton Head and Bluffton run on resort, restaurant, landscaping, golf course, marina, construction and home-service work. That means kitchen burns and falls, back injuries from lifting in housekeeping, mower and equipment injuries on the grounds crew, slips on docks and boat decks, and long drives across the bridges for work.
Workers' Comp Deadlines
Most injuries that happen on the job in South Carolina go through the workers' compensation system.1 An injured worker generally must tell the employer about a work accident right away, and no later than 90 days after it, 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, and telling the employer does not count as filing.3
The ordinary South Carolina workers' compensation claim-filing period is two years after the accident, but exceptions and special rules may apply. The Commission advises filing a Form 50, or a Form 52 for a death claim, to protect your rights even when the employer has reported the accident.5
Injuries from repetitive work and diseases that develop over time can follow different timing rules, and the date symptoms began isn't necessarily when the deadline started.6 Claims against a South Carolina state or local government agency have their own filing deadline, which can be shorter.7
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Talk with our team about what happened and ask the questions on your mind.
What Comp May Provide
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 injury, your wages and the rules. Comp generally does not pay for pain and suffering, and workers usually don't have to prove the employer was negligent.8
Claims Against Someone Else
Against a covered employer, comp is generally the only remedy, with limited exceptions.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.10
Contractors are tricky. A business that hires a subcontractor for work that is part of its own trade may be treated as a statutory employer.11 That can extend comp's protection from lawsuits to companies that aren't your direct employer.9
Talk With Us
Getting hurt at a resort or on a crew in peak season can leave you wondering about rent as much as recovery. Tell us what happened on the job and where things stand with your employer and its insurer.
We take cases across South Carolina, including Hilton Head, Bluffton and the rest of southern Beaufort County. Our office is on King Street in Charleston. The first conversation can happen by phone. See South Carolina workers' compensation claims and construction injuries near Hilton Head.
Call and tell us what the insurer has 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 at the resort. Isn't that the same as filing?
Not necessarily. Reporting an injury to a supervisor is not necessarily the same as filing a claim with the Workers' Compensation Commission. Notice to the boss is its own step and generally 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 other injury cases?
Can I sue the company I work for?
Can I pick my own doctor?
For nonemergency care, the employer or its insurer usually selects the authorized treating physician, though exceptions may apply.4 Emergencies are different: go to the ER. For anything after that, check that the visit is approved so you aren't stuck arguing over a bill.
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.
