What to Do After a Work Injury in South Carolina
Medical care comes first. If you're in the hospital, a family member or coworker can report the injury and start keeping the paperwork.
- Get emergency care. Call 911 for a serious injury. Tell every doctor and nurse that the injury happened at work, and describe how.
- Ask about authorized medical treatment. For nonemergency treatment, your employer or its workers' compensation insurer generally chooses the treating doctor.4 If you need emergency care, get it immediately. Before scheduling follow-up care, confirm that the treatment is authorized so you do not unexpectedly face a dispute over medical bills.
- Tell your employer, in writing if you can. You or a family member should tell a supervisor what happened, when and where. Keep a copy, or send a text or email so there is a record with a date on it.
- Confirm whether a claim has been filed. Don't assume your employer or its insurer has handled everything. Ask, and get the answer in writing.
- Write down what happened. Note the time, the task you were doing, the equipment involved and who was nearby.
- Take photos. Photograph your injuries as they heal. A coworker can photograph the spot where you were hurt and any broken tool or equipment, if it is safe to do so.
- Get coworkers' contact information. A phone number today can be hard to find a few months from now.
- Keep a folder. Save medical bills, pay stubs, work schedules and every letter or form from your employer or its insurer.
- Take your time with forms. Many workers get their questions answered by a lawyer before signing.
Workers' Comp Deadlines
Most injuries that happen on the job in South Carolina go through the workers' compensation system.1 South Carolina workers generally must report a workplace accident to their employer within 90 days.2 They must also make sure any required workers' compensation claim is filed on time with the Workers' Compensation Commission.3
The ordinary 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 Commission.5 Workers should confirm whether a claim has been filed rather than assume their employer or insurer has handled everything.
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 timing rules may apply to repetitive trauma injuries and occupational diseases that develop over time. Workers should not assume that the date they first experienced symptoms is necessarily the date their filing deadline began.6
If a government agency is responsible for the person who caused your injury, a claim against that agency has its own deadline, which can be shorter.7
What Benefits Can Workers' Compensation 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 nature of the injury, the employee's wages and the applicable rules.8
Unlike an ordinary personal injury lawsuit, workers' compensation generally does not provide damages for pain and suffering. Workers usually do not have to prove that their employer was negligent to qualify for benefits.8
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Can I Sue Someone Other Than My Employer?
Workers' compensation is generally the exclusive remedy against a covered employer for a qualifying workplace injury, although limited exceptions exist.9 A separate personal injury lawsuit may be possible against a negligent third party, such as an unrelated driver, an equipment manufacturer or an outside contractor.10 Whether someone else can be sued depends on their role and the circumstances.
Be careful with contractors. South Carolina's statutory-employer doctrine can extend workers' compensation immunity to some contractors or other businesses.911 They are not automatically third parties simply because they are not the worker's direct employer.
Talk With Us
A work injury can leave you worried about your health, your job and your bills all at once. We take that seriously. We start by listening to what happened at work and where things stand now.
Our firm is based in Charleston and takes work injury cases across South Carolina. If a machine or tool failed, see our page on injuries from defective products. If you were hurt on a building site, read more on construction site injury claims.
Tell us how the injury happened and 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
Does telling my supervisor count as filing a claim?
Not necessarily. Reporting an injury to a supervisor is not necessarily the same as filing a claim with the Workers' Compensation Commission. Telling the employer gives notice, which 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 have three years, like other injury claims?
Can I sue my employer for my work injury?
Workers' compensation is generally the exclusive remedy against a covered employer for a qualifying workplace injury, although limited exceptions exist.9 A separate personal injury lawsuit may be possible against a negligent third party, such as an unrelated driver, equipment manufacturer or outside contractor.10 Whether someone else can be sued depends on their role and the circumstances.
Can I see my own doctor?
For nonemergency care, your employer or its workers' compensation insurer generally chooses the authorized treating doctor, although exceptions may apply.4 If you need emergency care, get it right away. Before scheduling follow-up care, confirm the treatment is authorized so you don't face an unexpected dispute over medical 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.
