How Long Does an Employee Have to Report an Injury in Rock Hill, SC?

How Long Does an Employee Have to Report an Injury in Rock Hill, SC?

According to the Bureau of Labor Statistics, private industry employers reported 29,100 nonfatal workplace injuries and illnesses in South Carolina in 2020. In the state and local government sector in South Carolina, 9,500 injury and illness cases were reported. If you have been injured on the job in Rock Hill, SC, you are required to report any injuries that occur in the workplace as soon as possible.

Under South Carolina law, injured employees have 90 days from the date that their injury occurs to notify their employer of the accident. However, it is always best to report an injury as soon as it happens so that you can ensure that you receive the medical treatment and benefits that you are entitled to. If you wait too long to report an injury, your employer may be able to deny your claim.

If you are an injured worker, contact a Rock Hill workers’ compensation attorney at The Law Offices of Jason E. Taylor. Our experienced attorneys can help you navigate the workers’ compensation system and fight for the benefits you deserve.

How Does the Workers’ Compensation Insurance System Work in South Carolina?

South Carolina requires employers to carry workers’ compensation insurance. This insurance is ultimately designed to provide benefits to employees who are injured in the course of their employment. Workers’ compensation insurance is no-fault insurance. This means workers injured while performing a work-related task in South Carolina can file a workers’ compensation claim for benefits regardless of what caused the injury. Even if the worker contributed to their own injury, they could still file a claim.

While injured workers don’t have to prove fault under this system, they are also barred from filing a lawsuit directly against the employer, even if the employer’s fault contributed to their injury. Workers’ compensation benefits can include medical expenses, income replacement, and death benefits.

Who Is Covered Under the South Carolina Workers’ Compensation System?

In South Carolina, most employers are required to have workers’ compensation insurance. This includes businesses with four or more full or part-time employees, family members who work for the business, and certain contractors and subcontractors. Some workers are not covered under the state’s workers’ compensation system. These include federal government employees, railroad workers, dockers, and some agricultural workers.

Independent contractors are not covered under workers’ compensation insurance. However, it is important to note that in some cases, employers intentionally misclassify employees as independent contractors to avoid the responsibility of offering them workers’ compensation insurance and other benefits.

If your employer tries to convince you that you are an independent contractor when you are an employee, contact a Rock Hill workers’ compensation attorney at The Law Offices of Jason E. Taylor. We can help you determine if you have been misclassified and fight for the benefits you deserve.

What Does Workers’ Compensation Cover in Rock Hill, South Carolina?

Injured workers in South Carolina may be eligible for various benefits through the workers’ compensation system. These can include:

  • Medical expenses: Workers’ compensation will pay for all necessary and reasonable medical expenses related to the work injury, including hospitalization, surgery, medication, and rehabilitation.
  • Income replacement: Employees who cannot work due to their injuries may be eligible for income replacement benefits. These benefits are typically two-thirds of the employee’s average weekly wage, up to a maximum amount set by state law.
  • Death benefits: If an employee dies as a result of their work-related injuries, their surviving spouse and dependent children may be eligible for death benefits. These can include funeral expenses and ongoing financial support.

If you have been injured at work, contact a Rock Hill workers’ compensation attorney to discuss the benefits you may be entitled to. An experienced attorney can help you navigate the workers’ compensation system and fight for the benefits you deserve.

Can You Get Workers’ Compensation Benefits for Occupational Diseases?

Yes. You may be eligible for workers’ compensation benefits if you contract an occupational disease or illness due to your job. An occupational disease is a condition that is caused by exposure to hazardous conditions in the workplace. Some common occupational diseases that an employee may contract or develop as a direct result of their job include:

  • Asbestosis
  • Cancer
  • Hearing loss
  • Respiratory diseases
  • Skin diseases

Contact a Rock Hill workers’ compensation attorney to discuss your legal options if you have contracted an occupational disease. An experienced attorney can help you navigate the workers’ compensation system and fight for the benefits you deserve.

How to Report a Workplace Injury in Rock Hill, SC

The first step in reporting a workplace accident is to do it as soon as it occurs or within no more than 90 days. You may be ineligible for benefits if you do not report the injury to your employer within this time frame.

Workers’ Compensation Statute of Limitations

As previously mentioned, you have 90 days from the date your injury occurs to notify your employer of the accident. However, we recommend that you inform your employer as soon as possible. After reporting your injury, your employer is responsible for ensuring you receive medical attention and reporting the injury to their workers’ compensation carrier. The workers’ compensation insurance company is responsible for reporting the event to the South Carolina Workers’ Compensation Commission.

Statute of Limitations for Reporting Your Injury to the Commission

While reporting the injury to the commission is the insurance company’s job, you have a responsibility to ensure that it gets done. If your employer doesn’t report your injury or attempts to deny it happened, you should report your injury on your own. You can do this by filing a Form 50 or Form 52 with the commission.

While you have 90 days to inform your employer of the injury, you have two years to file a workers’ compensation claim for benefits. If you are appealing a denied claim, this must be completed within 14 days of the date of receiving notice that your claim has been denied.

Statute of Limitations for Occupational Diseases or Illnesses

Filing a claim for occupational diseases or illnesses must be done from the date that the illness was discovered. No benefits would be paid for an occupational illness unless the illness was contracted within one year to the last exposure to the hazard or within two years if the disease is a pulmonary disease arising out of the inhalation of dust.

Contact a Workers’ Compensation Attorney at The Law Offices of Jason E. Taylor Today for a Free Consultation

You deserve to get the full benefits that you are entitled to under workers’ compensation. If you have suffered a work-related injury, and need help with your workers’ comp case, don’t hesitate to contact an experienced attorney. At The Law Offices of Jason E. Taylor in Rock Hill, we value the attorney-client relationship and work hard to get North and South Carolina workers the compensation they need so they can focus on recovery and get back to work as soon as possible. Contact us today for a free consultation.

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