You were injured on the job and need to apply for workers compensation benefits, now what? A workers compensation claim should be filed as soon as possible after the injury occurs. Failure to file for benefits in a timely manner could potentially allow a workers compensation insurance carrier to limit or even deny benefits completely. At the very least, a long lag time between the occurrence of an injury and when it is reported could throw up red flags with the insurance carrier and cause a delay in benefits.
In South Carolina, you have two years from the date of the injury to file for benefits. However, the injury must be reported to your employer within 90 days. If you miss these deadlines, the chance of receiving workers compensation benefits is greatly decreased. When there is an illness or injury that has developed over time such as carpel tunnel or mesothelioma the clock starts ticking toward the deadline when you took time off or visited a doctor for the injury and when you knew or should have known that the injury or illness was work related.
Initiating the workers’ compensation process involves notifying your employer of your injury or work-related illness and filing a formal workers’ compensation claim. The notification should be made promptly and include as much information as possible including the date, time, and place of the injury and how the injury occurred. You may also want to provide a list of witnesses if the injury was due to a specific workplace accident
The above deadlines are strictly enforced and the filing process can be complex. Therefore, it is highly advisable to consult with a South Carolina workers’ compensation attorney to ensure that you receive all of the workers’ compensation benefits. If you have been injured on the job, call us at Clekis Law Firm. We will review your case and get you the benefits you deserve.