First Steps After a Work Injury in North Charleston
Care first. A coworker or relative can report it.
- Call 911 if it's serious.
- Tell every doctor it happened at work.
- Ask which doctor is authorized.
- Report to your supervisor. Then text it.
- Ask, in writing, whether a claim was filed.
- Note the task, the machine, who saw.
- Weekly injury photos help.
- Coworker numbers: collect them today.
- Keep pay stubs, schedules and insurer letters.
- Read every form before signing.
Work in North Charleston
North Charleston runs on warehouses, distribution centers and manufacturing plants, especially along Palmetto Commerce Parkway and the freight corridors, plus construction crews, delivery routes, hotels and restaurants along I-26. Injuries range from forklift and loading dock accidents to falls, repetitive strain and crashes while driving for work.
South Carolina Law on Workers' Comp
Time Limits
Most injuries that happen on the job in South Carolina go through the workers' compensation system.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.2 A workers' compensation claim generally must be filed with the Workers' Compensation Commission within two years after the accident.3 The ordinary claim-filing period is two years after the accident, but exceptions and special rules may apply.4
Different workers' compensation timing rules may apply to repetitive trauma injuries and occupational diseases that develop over time. The date a worker first experienced symptoms is not necessarily the date the filing deadline began.5 Claims against a South Carolina state or local government agency have their own filing deadline, which can be shorter.6
Benefits
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. 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.7
Other Claims
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.8 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.910
Our statewide page explains how workers' comp works in South Carolina.
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Talk with our team about what happened and ask the questions on your mind.
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Hurt, worried about the job and the bills? Start with what happened at work.
We take cases across South Carolina, including North Charleston. Our office is on King Street in downtown Charleston. Hurt on a construction site? See our North Charleston construction accident page.
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
- 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.4
- 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.5
- 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.6
- 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.7
- 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.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
- 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.10
- Most personal injury claims in South Carolina must be filed within three years.11
- 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.12
- 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.13
Frequently Asked Questions
I told my shift lead. Doesn't that count as filing?
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.4
Isn't it three years, like a car wreck?
Can I sue the company I work for?
Workers' compensation is generally the exclusive remedy against a covered South Carolina employer for a qualifying workplace injury, although limited exceptions exist.9 An employee injured at work may be able to pursue a personal injury claim against a responsible third party, such as another driver.8
Do I get to pick my doctor?
The employer or insurer usually selects the authorized treating physician, although exceptions may apply.13 Emergencies come first. Confirm follow-up care is authorized before booking.
Do I have to come downtown to talk?
The first conversation can happen by phone. Our office is on King Street in downtown Charleston, south of North Charleston by way of I-26 or Rivers Avenue. If travel is hard, we can come to you instead: the hospital, your home or wherever is easiest.
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 § 42-15-40; 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
- S.C. Code § 42-15-60; S.C. Code Regs. § 67-509(A)
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.
