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How Do I File a Workers’ Compensation Claim in South Carolina?


Due to the amount of time people spend at work, it’s understandable why a large percentage of personal injuries occur on-the-job. On top of that, many work environments are dangerous places to be! If you happen to work in construction, at a manufacturing plant, in logging or fishing, or if you work with cash, you get this one! Even seemingly harmless jobs can have hidden dangers – it can be surprising.

If you are ever injured on the job, the first step is to report the injury to your employer and ask to get medical attention, if you need it. This is where some workers error; they are hesitant to report their injury because they fear to lose their job, retaliation, or they’re afraid they’re somehow taking advantage of their employer. Don’t let this stop you because you have legal rights!

Reporting the Injury

If you fail to report your injury to your employer within 90 days of the accident, you could lose your right to valuable benefits. On the other hand, if you are a surviving family member and your loved one died in a workplace accident, you must file a claim within two years of the death of the worker.

The surviving family members who can file a claim in the event of death include the worker’s dependents, or if he or she did not have any dependents, the worker’s parents can file a claim instead.

Filing the Claim

“Can I file the workers’ compensation claim myself?” You can file the claim yourself if your employer failed to report the accident, or if they denied that your injury was work-related, or if you feel that you are not receiving all of your benefits. However, the best way to file a claim is to seek the help of an experienced workers’ compensation attorney who can make sure your rights are fully protected.

What can I expect?

If your claim is approved, you can expect:

  • To receive all necessary medical treatment, which may include hospitalization, surgery, medical supplies, prescriptions, and prosthetic devices.
  • Your compensation rate would be 66 2/3 % of your average weekly wage for the four quarters before the accident.
  • You will be subject to a 7-day waiting period before benefits can be paid, but if you couldn’t work for more than 14 days, you will be compensated for those first 7 days.

Next: Can I Collect Disability & Workers’ Compensation?

To file a workers’ comp claim in Columbia, South Carolina, contact Masella Law Firm, P.A. We would be happy to answer your questions and guide you every step of the way.

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