Whether you got hurt in a workplace accident or your symptoms have developed over time, it’s important to understand how to properly report your work injury. Following these steps will help ensure that your rights are protected after a workplace injury. If you have any questions about the content in this article or were injured on the job and are wondering if you should hire a lawyer, we’re here to help. Simply give our office a call at (803) 888-2200 to speak with an award-winning workers’ compensation lawyer today.
Who Should I Report My Workplace Injury To?
The aftermath of a workplace injury can be overwhelming and confusing. We’re here to ease that burden and ensure you and your rights are protected.
The first step after being injured on the job is to report the accident to your supervisor. This could be an administrator, manager, on-site nurse, or other supervisory role. You should submit a written report in addition to your verbal report.
If the work injury requires emergency care, you should always seek medical attention first and give notice as soon as you are able to.
It’s important to note that telling a coworker about an injury is not considered a proper notice of a workplace injury.
How Long Do I Have to Report an On-The-Job Injury in South Carolina?
You must notify your employer of a work injury or illness within 90 days of the accident in South Carolina. However, there are many benefits to reporting the accident as soon as possible.
If you fail to report your work injury within 90 days, you risk being disqualified from receiving workers’ compensation benefits.
What Should I Do If I Have a Repetitive Stress Work Injury?
You may be wondering how to handle repetitive trauma injuries when it comes to workers compensation. These injuries are unique in that they don’t typically have a start date and instead develop over time.
In South Carolina, you must report a repetitive stress injury within 90 days of discovering the injury or when you could have discovered it by “exercising reasonable diligence” (SC Code 42-15-20).
These claims can be difficult without a lawyer on your side for many reasons, one being that you have to prove with medical evidence that there is a “direct causal relationship” between your job and the injury (SC Code 42-1-172).
Common repetitive stress work injuries in South Carolina workers compensation cases include carpal tunnel syndrome, rotator cuff tears, stress fractures, tendinitis, and many more.
If you’ve suffered or are suffering from a repetitive trauma injury caused by your work, we’re here to help. Simply contact our office today for a free case evaluation.
What To Do After Notifying Your Employer of a Work Injury
Within 10 days of giving notice to your employer, you should complete a Form 50 for injuries/illnesses. While it is in your best interest to do this quickly and within the 10 day window, most injured employees have two years from the date of the accident to file a claim. This form, along with the form for fatal workplace injuries, can be found on the South Carolina Workers’ Compensation Commission (SCWCC) website.
After giving proper notice and filing your claim, you should visit a medical provider approved by your employer or your employer’s insurance company.
Next, you should speak with an attorney to see if you should hire a lawyer, how an attorney can help, and much more based on the specifics of your case.
Should I Speak With a Lawyer After a Work Accident?
It is always in your best interest to at least speak with an experienced workers compensation attorney after any work accident. A lawyer can help you understand your options under South Carolina law, how much your workers’ compensation case may be worth, answer any questions you may have, and more to ensure that you and your rights are protected.
That said, you should definitely contact a lawyer as soon as possible if:
- Your claim was denied
- You suffered serious injuries, such as those requiring surgery or specialist treatment
- You’re not being taken seriously
- You’re out of work for a week or longer
- Your injuries or illness prevent you from returning to work in the same capacity
- Your injuries or illness prevent you from returning to work at all
- You currently receive or plan to apply for social security disability benefits
- You face any discrimination from your employer
- You have pre-existing conditions
- You may have a third-party claim
- The settlement offer seems low
- The accident resulted in death
Speak To a Trusted Workers’ Compensation Attorney Today
Our law firm fights to get clients the best outcome possible for their case and future every single day. Cavanaugh & Thickens, LLC has won Best of Columbia’s “Best Workers’ Compensation Firm” for three years in a row and has hundreds of 5-star reviews, so you can trust that we have your back.
If you have any questions about the South Carolina workers compensation process or would like to see if our team is a good fit to represent you, please don’t hesitate to reach out to our team today at (803) 888-2200. We are available 24/7 via phone and offer free consultations in-person and over the phone.
With offices in Columbia and Mount Pleasant, our lawyers travel to and represent clients throughout the state of South Carolina. We look forward to hearing from you.
Legal Review By Nicholas J. Skorzewski
I’m Nick Skorzewski, and I am a partner and workers’ compensation attorney at Cavanaugh & Thickens, LLC. I’m proud to represent injured employees and help them and their families get back on track after unexpected accidents. I’m humbled by the fact that my hard work and results for my clients has led to numerous awards in the field, such as the Legal Elite of the Midlands, America’s Top 50 Lawyers, Best Lawyers: Ones to Watch, and more. Cavanaugh & Thickens, LLC has also been named by FreeTimes as the Best Workers’ Compensation Firm in Columbia, SC for three years in a row. If you’d like to learn more about being a client at our firm, I encourage you to read our reviews. And, if you have any questions about the South Carolina workers’ compensation system, please contact me today at (803) 888-2200. I’d be honored to help.