How Long Do You Have to File a Workers’ Compensation Claim in South Carolina?

Filing a workers’ compensation claim in South Carolina is a critical step to securing the benefits you need after a workplace injury. Knowing the time limits and requirements is essential to ensure you don’t lose your right to compensation. This guide explains the state’s statute of limitations, provides key statistics, and highlights why timely action matters, along with how CFJ Injury Lawyers’ expertise can make all the difference.

South Carolina Workers’ Compensation Statute of Limitations

Under South Carolina law, you generally have 90 days to notify your employer of your injury and two years from the date of the injury to file a formal workers’ compensation claim. However, there are exceptions:

• Occupational Diseases: Claims for occupational diseases, such as mesothelioma or repetitive stress injuries, have specific requirements and may allow for different timelines.
• Death Benefits: If a worker dies due to a job-related injury, dependents have two years from the date of death to file for death benefits.

Failing to meet these deadlines can result in the denial of your claim, making it vital to act promptly.

Why Acting Quickly Is Crucial

Delays in reporting or filing can complicate your case. Employers and insurers may question the legitimacy of your claim, making it harder to secure the benefits you deserve. Moreover, medical records and witness testimonies are more reliable when obtained shortly after the injury.

At CFJ Injury Lawyers, our team of seasoned attorneys, led by Catherine F. Juhas and Eric Saleme, has been successfully navigating the workers’ compensation process for decades. We understand how to build strong claims by ensuring all evidence is preserved, deadlines are met, and paperwork is correctly completed. Our firm’s in-depth knowledge of South Carolina’s legal system allows us to advocate effectively for our clients and maximize their compensation.

Workers’ Compensation in South Carolina: Key Statistics

South Carolina sees thousands of workplace injuries each year. According to the U.S. Bureau of Labor Statistics (BLS):

• In 2022, South Carolina recorded 36,200 nonfatal workplace injuries and illnesses.
• The construction and manufacturing industries had some of the highest injury rates.
• Workers’ compensation benefits in the state totaled over $500 million annually, underscoring the importance of this safety net.

How CFJ Injury Lawyers Can Help

Navigating the workers’ compensation process can be overwhelming, especially when you’re recovering from an injury. CFJ Injury Lawyers simplifies this process for you:

1. Personalized Case Evaluation: We take the time to understand your situation, assess your injuries, and provide a clear strategy for your claim.
2. Comprehensive Documentation: Our team ensures that all necessary forms, medical records, and evidence are submitted accurately and on time.
3. Experienced Negotiation: Employers and insurers may try to minimize your claim, but our attorneys are skilled negotiators who fight to secure the benefits you deserve.
4. Courtroom Advocacy: If your case requires litigation, our attorneys are experienced trial lawyers who are prepared to represent your best interests in court.

Attorney Catherine F. Juhas, who has been practicing law for over 40 years, combines her extensive experience with her commitment to client care. Fluent in multiple languages and admitted to practice in South Carolina, North Carolina, and Washington D.C., she brings a wealth of expertise to every case. Attorney Eric Saleme, fluent in Spanish, provides additional support for South Carolina’s diverse workforce, ensuring no detail is overlooked.

Steps to File a Workers’ Compensation Claim

1. Notify Your Employer: Report your injury to your employer as soon as possible, ideally within 24 hours.
2. Seek Medical Attention: Use a healthcare provider authorized by your employer to document your injuries.
3. File Your Claim: Submit a Form 50 or Form 52 with the South Carolina Workers’ Compensation Commission.
4. Consult an Attorney: Contact CFJ Injury Lawyers for assistance. Our attorneys, fluent in English and Spanish, ensure every detail of your claim is handled properly.

FAQ: South Carolina Workers’ Compensation

Q: Can I file a claim if I missed the 90-day notification deadline?

A: Possibly. Exceptions exist if you had a valid reason for the delay, such as hospitalization or lack of knowledge about the injury’s severity. Consult an attorney immediately.

Q: What benefits can I receive?

A: Benefits may include medical expenses, temporary total disability (TTD), and permanent disability payments.

Q: Do I need an attorney?

A: While not required, an experienced workers’ compensation attorney can help navigate disputes, ensure timely filing, and maximize your benefits.

Why Choose CFJ Injury Lawyers?

With a track record of excellence, CFJ Injury Lawyers is committed to advocating for injured workers across South Carolina. Attorney Catherine F. Juhas, a licensed practitioner in multiple states, and Attorney Eric Saleme, fluent in Spanish, bring a wealth of knowledge and a client-focused approach to every case. As one satisfied client stated: “CFJ Injury Lawyers was excellent in their representation of my case. The entire staff was patient, polite, and understanding of my circumstances.”

Our firm’s commitment extends beyond the courtroom. We’ve authored publications, contributed to legal education, and dedicated thousands of hours to pro bono work, ensuring every client receives the care and expertise they deserve.

Take Action Today

Don’t wait to protect your rights. If you’ve been injured on the job, contact CFJ Injury Lawyers for a free consultation. Call us at (843) 553-0007 or text (843) 326-0078. With offices in North Charleston and a commitment to personalized service, we’re here to help you every step of the way.