After a Work Injury on Johns Island
Treatment comes first. A spouse, friend or coworker can report the injury and keep the paperwork.
- Get to a doctor. Dial 911 for a bad injury, and make sure each nurse and doctor hears it was a work injury.
- Ask about authorized care. For non-emergency treatment, the employer or its insurer generally chooses the doctor.4 Confirm follow-up care is authorized before you book it.
- Tell your employer in writing. A text or email to a supervisor saying what happened, when and where gives you a dated record.
- Check that a claim exists. Ask the employer or insurer directly whether anything was filed with the Commission. Get that answer by email or text.
- Write down the details. The job address or the dock or creek, the time, the task, the equipment and who was nearby.
- Take photos. Your injuries as they heal, and if it's safe, the spot and any broken tool or machine.
- Get coworkers' numbers. They can be hard to find months later.
- Keep it together. Pay stubs, cash receipts, schedules, bills and every insurer form go in one place.
- Take your time with forms. Many workers ask a lawyer their questions before signing.
Island Jobs
Work on Johns Island covers a lot of ground: framing and roofing new houses, landscaping and yard crews, farm work, docks and boats, restaurants, and driving delivery and service routes on the island's roads. Each job site can have its own mix of companies, which matters for both the comp claim and any claim against someone else.
Workers' Comp Time Limits
Most on-the-job injuries in South Carolina go through workers' comp.1 Workers generally must report a work accident to the employer within 90 days.2 Separately, any required claim has to be filed with the Commission in time.3
The usual filing period is two years after the accident, though exceptions and special rules may apply. Telling a supervisor is not always the same as filing with the Commission. 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
Repetitive trauma injuries and occupational diseases that build over time can follow different timing rules. The day symptoms began is not necessarily the day the clock started.6
When the person who caused the injury works for a government agency, a claim against that agency runs on its own, possibly shorter, clock.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 Cover
South Carolina workers' comp may pay for authorized medical care, part of lost wages when you can't work, and benefits for qualifying permanent disabilities. Benefits depend on the injury, your wages and the rules that apply. Comp generally doesn't pay for pain and suffering, and you usually don't have to prove your employer was negligent.8
Claims Against Someone Else
A separate injury suit may be possible against an outside party whose carelessness caused the injury.9 Be careful with contractors, though. South Carolina's statutory employer rule can give some contractors and other businesses the same protection as the employer.1011 Not working directly for them doesn't automatically make them an outside party. The statewide page covers workers' comp claims in South Carolina.
Talk With Us About What Happened
Getting hurt at work can put your body, your paycheck and your job in question all at once. We start with what happened at work and where things stand now.
Our office is on King Street in downtown Charleston. We take cases across South Carolina, including Johns Island. The first conversation can happen by phone, and a family member can join if you're laid up.
If you were hurt on a building site, see Johns Island construction injuries. If a work vehicle crash was involved, see Johns Island truck crashes.
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. Is that the same as filing a claim?
Not necessarily. Reporting to a supervisor is not always the same as filing with the Workers' Compensation Commission. Telling your boss is notice, and that should generally happen 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
Don't I get three years like other injury claims?
Can I sue my employer?
Against a covered employer, workers' comp is generally the only remedy for a qualifying work injury, with narrow exceptions.10 If someone outside the company caused it, say another driver on Maybank Highway, a machine maker or a separate contractor, a separate injury suit may be possible.9 It depends on that party's role and the facts.
Can I pick my own doctor?
For care that isn't an emergency, the employer or its comp insurer generally picks the authorized doctor, though exceptions may apply.4 Get emergency care right away. Before booking follow-up care, check that it is authorized to avoid a fight over the 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.
