When employees are injured in workplace accidents, it’s not uncommon for them to be conflicted about reporting their injury and filing a workers’ compensation claim. Why do they hesitate? There are a number of reasons why someone may not file a claim in a timely fashion, if at all, including:
- The employee fears losing their job;
- The employee doesn’t want the employer to have to pay the claim out-of-pocket;
- The employee was somewhat or entirely at-fault for the accident and they don’t think they can receive benefits;
- The employee doesn’t understand their rights under South Carolina’s workers’ compensation laws; OR
- The employee doesn’t realize they can receive workers’ comp benefits.
Please understand that most employers are legally required to purchase workers’ compensation coverage. Since workers’ compensation is a no-fault system, when a worker is injured on-the-job, they’re usually covered regardless of their degree of fault.
Usually, the only time an employee is not covered for a workplace accident is when they intentionally tried to hurt themselves or someone else or when they were injured while under the influence of alcohol or illicit drugs.
When Do I Report an On-the-Job Injury?
If a South Carolina employee is injured on the job, he or she is supposed to report their work-related injuries to their employer immediately and request medical treatment if they need it. If an employee fails to report a workplace injury within 90 days of the accident, he or she may lose their right to valuable benefits.
Even though South Carolina workers are supposed to report their injuries within 90 days of the accident, they actually have up to two years to file a claim for benefits. If a worker is killed in a workplace accident or if they die because of their work-related injuries, the deceased worker’s dependents or parents if they don’t have any dependents have to file a claim within two years of the worker’s death to claim the benefits they’re entitled to.
To file a workers’ compensation claim, we invite you to contact Masella Law Firm, P.A. by calling (803) 938-4952.