Filing A Workers’ Compensation Claim in SC

If you have to file a workers’ comp claim on your own, you will probably need a lawyer for your case.

Unlike Social Security Disability filing, Workers’ Compensation claims should be a pain-free experience for injured workers. The employer should file a claim with their insurance company, the State Accident Fund and the South Carolina Workers’ Compensation Commission.

If the employer does not do so after you report your work injury, you may file a Workers’ Compensation Claim on your own behalf. However, this probably means that your employer is looking to deny the injury or accident. In which case, you may need a lawyer to help you fight two companies: your employer and your employers’ insurance company.

How Employees Can File a Workers’ Compensation Claim

As an employee, you should not have to personally file a claim. You can submit a claim directly to the South Carolina Workers’ Compensation Commission if:

  • Your employer fails to report your injury or denies your injury.
  • You do not think you received all your workers’ compensation benefits.

    • You have 2 years to file a Workman’s Compensation Claim in the state of South Carolina, as long as you reported your work-related injury to your employer within 90 days of the incident. Even if you no longer work for the same employer, you can file within the two-year window.

    If you have to file a workers’ comp claim, odds are that you are already in a dispute situation with your employer. Call The Strom Law Firm, LLC today (866-490-2847) to discuss the facts of your case for free. You can also complete the no-cost confidential case consultation form at the top right. Founded by former US Attorney Pete Strom, the attorneys at Strom Law Firm know how to fight for their clients.

    What Happens After You File a Workers’ Comp Claim?

    Request a Hearing With Your Claim
    On the claim Form 50, you can request a hearing with the commission. The hearing will be led by a SC Workers’ Comp Commissioner. You, your employer and/or the employer’s Workmans’ Comp insurance representative will attend, depending on the dispute. If you have a lawyer on your side, your lawyer can attend the hearing or advise you ahead of time.

    The Workers’ Comp Commissioner will determine your outcome following the hearing.

    You do not have to agree to an offered compensation settlement. An experienced lawyer can best advise you on the details.

    Other Hearing Requests

  • You may also file for a hearing if your employer does not begin timely compensation within 14 days of having notice of your work injury.
  • Your employer believes your weekly payments should be terminated and you’d like to dispute this.

    • Appealing the Hearing Decision

    You can appeal the decision of your hearing and escalate your case to a panel review. Three to six new commissioners will consult on a new hearing. The decision of the appellate panel may be appealed to a Court of Common Pleas and the State Appellate Courts.

    The Strom Law Firm, LLC understands the impact that a work related injury or death has upon you and your loved ones.  You need an advocate who will seek justice on your behalf. 

    Contact one of the workers comp attorneys at the Strom Law Firm, LLC for a free consultation to discuss your legal rights. 866-490-2847. You may also reach us by completing the case evaluation form at the top right of this page.

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