If you've been injured on the job in South Carolina, it’s important to know your rights and understand the process for filing a workers’ compensation claim. At Eller Frye Law, we help injured workers every step of the way—from the moment of injury to securing the benefits they deserve. Below is a simple guide to help you file a workers comp claim in South Carolina.

Step 1: Report the Injury to Your Employer

 

The first step is notifying your employer about your injury. South Carolina law requires that you report your workplace injury within 90 days of the accident. While verbal notification is allowed, it’s best to put it in writing and keep a copy for your records.

 

If you wait too long to report the injury, you may lose your right to benefits—so don’t delay.

Step 2: Get Medical Treatment

 

Once you've reported your injury, your employer (or their insurance carrier) will typically direct you to an approved medical provider. It's important to follow their instructions and attend all medical appointments. If you seek treatment outside of their network without prior approval, you could be responsible for the costs.

Step 3: File a Workers Comp Claim with the Commission

 

If your employer does not file the claim for you, you can file it yourself by submitting Form 50(for injuries) or Form 52(for deaths) to the South Carolina Workers’ Compensation Commission.

 

You can do this:

• Online through the Commission’s website

• By mail

• Or in person

Be sure to file your claim within two years of the date of the injury or accident. Missing this deadline could result in your claim being denied.

Step 4: Attend a Hearing (If Necessary)

 

Sometimes, disputes arise—whether it’s about the nature of the injury, the amount of compensation, or whether the claim is valid at all. If that happens, you may need to request a hearing before a Workers' Compensation Commissioner. This process includes gathering medical evidence, witness testimony, and legal representation.

 

At Eller Frye Law, we represent injured workers during these hearings to ensure their rights are protected and their voices are heard.

Step 5: Receive Benefits

 

If your claim is approved, you may be entitled to:

• Medical treatment costs

• Temporary total disability payments

• Permanent disability compensation

• Mileage reimbursement for travel to medical appointments

The amount and duration of your benefits will depend on the severity of your injury and whether you can return to work.

Legal Considerations

 

Filing a workers comp claim may seem straightforward, but complications can arise. For example:

• Your employer may dispute your injury.

• You might not receive the full benefits you're entitled to.

• Your medical treatment may be delayed or denied.

Working with an experienced attorney can help you navigate these challenges. Eller Frye Law is here to guide you through the process and fight for the benefits you deserve.

 

Injured at Work? We’re Here to Help.
If you need to file a workers comp claim in South Carolina, don’t go through it alone. Contact Eller Frye Law today for a free consultation and let us help you get back on your feet.