If you’ve sustained an injury while on the job in South Carolina, it’s essential to understand the time limits for reporting your injury and filing a workers’ compensation claim. Failing to meet these deadlines can have a significant impact on your ability to receive the compensation you’re entitled to. At Christian & Christian Law, we specialize in workers’ compensation claims, helping individuals navigate the complex process to secure the medical benefits, lost wages, and other compensation they deserve. We know that the process can be overwhelming, but understanding the time limits is a crucial step to ensuring that your claim is not barred by the statute of limitations.
Understanding the Reporting Time Limit: 
In South Carolina, workers are required to report their workplace injuries to their employer within 90 days of the incident. This is one of the first steps you must take if you want to pursue a workers’ compensation claim. While 90 days may seem like a generous amount of time, it’s important to report your injury as soon as possible. This ensures that there is a record of the incident, which can help support your claim later on.
The 90-day reporting period is not a suggestion—it’s a strict requirement under South Carolina workers’ compensation law. If you fail to report your injury within this time frame, you risk losing the ability to file a claim for compensation. In certain cases, the 90-day deadline can be extended if the injury was not immediately apparent, such as with certain repetitive motion injuries or occupational diseases. However, it’s best to report your injury immediately, even if you are unsure of the extent of the damage.
The Importance of Prompt Reporting:
Delaying the reporting of your injury can complicate your case and even result in the denial of your claim. For example, if you wait too long to report the injury, your employer or the insurance company may argue that your injury wasn’t serious or that it occurred outside of the workplace. In many cases, the longer you wait to report the injury, the more difficult it becomes to prove that the injury was work-related.
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Learn more about our attorneysEven if your injury seems minor at first, it’s always best to report it. Some injuries, such as repetitive strain injuries or certain types of back pain, may develop over time and not show immediate symptoms. Reporting your injury early helps protect your rights and ensures that you can pursue the necessary medical treatment and compensation.
Filing Your Claim Within the Statute of Limitations:
Once you’ve reported your injury to your employer, the next critical deadline is filing your workers’ compensation claim. In South Carolina, you must file your claim within two years of the date of the injury or within two years from the date you were last provided workers’ compensation benefits. This means that, even if you’ve reported the injury in time, you still need to file your claim to ensure that you’re eligible for compensation.
The statute of limitations for filing a claim may seem like a long time, but it’s essential to act sooner rather than later. As time passes, gathering evidence such as medical records, witness statements, and other documentation becomes more challenging. Filing your claim promptly allows you to gather the necessary evidence while it’s still fresh and helps ensure that you don’t miss out on the benefits you’re entitled to.
What Happens After You File a Claim?
Once you’ve filed your workers’ compensation claim, your employer’s insurance company will conduct an investigation to determine the validity of your claim. This process can take several weeks or even months, depending on the complexity of your case and the evidence provided. During this time, the insurance company will assess the medical treatment you’ve received, any lost wages, and whether the injury is indeed work-related.
Everyone there was very professional, knowledgeable, and friendly. My car was totaled, and I was a little intimidated talking with a couple of other lawyers in Greenville. But with Christian and Christian, not only did they answer my questions, but they did so in a way that made what could have been a hectic situation, easy. Overall, an excellent experience with high quality lawyers who truly go above and beyond and really try to get you the results or answers you need.
—Rob Young
I met Josh like 4 years ago when my Son was injured at Daycare. He was very concerned about the well being of my Child and Me. Very Understanding Professional and Just a great Staff. If You need a Lawyer that’s all about YOU this is the Place. I just closed a Case on 6/23/2021 from a injury on a Property. They handled everything because no one else would help Me. I’m forever grateful for Your hard Work and Time. Once again Thank You Josh and Sally.
—Rezillai Henderson
My husband was referred to this law firm from another lawyer after his mother passed away while residing in a nursing home. Matt took on his case and we are pleased with how everything turned out. It took a long, long time to finally settle, but it was worth the wait. The staff here is friendly and I’d be happy to recommend them to anyone needing legal assistance.
— Jen
I was referred to Harold by a family friend, and I couldn’t be happier. He took the time to listen to my case, answered all my questions and truly treated me like a friend not a client. His knowledge of medical malpractice is priceless he actually successfully won, one of the first medical malpractice cases in Greenville County.
— Lindsey
If your claim is approved, you will begin receiving compensation for your medical bills, lost wages, and any other benefits that may apply to your situation. However, it’s important to understand that claims can be denied, particularly if there are issues with the evidence or the way the claim was filed.
In the event that your claim is denied, you have the right to appeal the decision. An appeal is a formal process that allows you to present additional evidence or arguments to support your claim. At Christian & Christian Law, we help clients with every stage of the workers’ compensation process, including appealing denied claims. We understand that the legal system can be difficult to navigate, which is why we are here to support you every step of the way.
Why Time Limits Are Critical in Workers’ Compensation Claims:
The time limits for reporting your injury and filing your claim are in place to ensure that workers’ compensation claims are handled efficiently and fairly. These deadlines are not arbitrary—they serve to protect both the workers and the employers by ensuring that claims are filed in a timely manner. For workers, timely reporting and filing help preserve their right to benefits, while for employers, the time limits help prevent fraudulent claims and ensure that claims are handled while the facts are fresh.
Additionally, adhering to the time limits allows the insurance company to investigate your claim while medical records, witness statements, and other evidence are still accessible. Over time, memories fade, and records can be lost, making it more difficult to establish the facts of the case.
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What Happens If You Miss the Deadlines?
If you miss the reporting deadline or fail to file your claim within the two-year statute of limitations, you may be barred from pursuing your workers’ compensation benefits altogether. This means that you may not be able to receive compensation for medical bills, lost wages, disability benefits, or other related expenses. In some cases, if you fail to file your claim within the required time frame, you may also lose your right to pursue a lawsuit against your employer for the injury.
It’s crucial to understand that once the statute of limitations has passed, there is little that can be done to salvage the claim. That’s why it’s so important to act quickly and consult with an experienced workers’ compensation attorney like those at Christian & Christian Law. We can help you navigate the claims process and ensure that you meet all the necessary deadlines.
Consulting an Attorney for Help:
The workers’ compensation system can be difficult to navigate on your own, especially when you’re dealing with a serious injury. The paperwork, deadlines, and legal complexities can be overwhelming, which is why having an experienced attorney on your side can make all the difference. At Christian & Christian Law, we are committed to helping injured workers in South Carolina secure the benefits they deserve.
Our attorneys have extensive experience in workers’ compensation law and can help you with every aspect of your claim, from reporting the injury to filing the necessary paperwork and appealing denied claims. We understand the challenges that injured workers face and will fight to protect your rights. Don’t let time run out on your claim—contact us today for a free consultation.
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If you’ve been injured at work in South Carolina, understanding the time limits for reporting your injury and filing a workers’ compensation claim is crucial. Failing to meet these deadlines can jeopardize your right to compensation for medical expenses, lost wages, and other related costs. At Christian & Christian Law, we’re here to guide you through every step of the process, ensuring that you meet all necessary deadlines and secure the benefits you’re entitled to.
Don’t wait—if you’ve been injured at work, contact us as soon as possible to discuss your case. We’re here to help you navigate the workers’ compensation system and get the compensation you deserve.