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Filing a workers’ compensation claim is a time-bound process in South Carolina. If you fail to file the claim in a timely manner, your benefits could be delayed, or you might lose your right to seek benefits altogether.
In some cases, the claim process might be delayed due to the negligence or deliberate inaction of your employer. What can you do in such cases? Let us take a look.
How Does Workers’ Compensation Claim Process Work in South Carolina?
Under South Carolina law, you are required to inform your employer about your injury or illness within a span of 90 days from the date of your injury or the day on which you were diagnosed with the illness, but you have up to two years to file a claim for benefits.
Once reported to your Employer’s workers’ compensation carrier, most compensability decisions are made within five (5) to ten (10) business days.
The Employer’s Role in Workers’ Compensation Claim Process
Once you inform your employer about the workplace accident and the injuries you sustained, they are required to file a First Report of Injury (FROI) with the Workers’ Compensation Commission n. They are also required to file a report with the insurance company. This is an important step, as the sooner, your employer files the report, the sooner the workers’ compensation carrier can decide to either accept or deny your claim.
Why Would My Employer Fail to Report My Claim?
There are many reasons why your employer might fail to report your injury to the Bureau of Workers’ Compensation and the insurance company. These include:
- Your employer might think that your injuries are not serious enough to qualify for a workers’ compensation claim.
- Your employer might not want their insurance rates to go up, or they might not have workers’ compensation insurance
- Your employer might think that you are not eligible to receive workers’ compensation benefits due to the circumstances under which the workplace accident happened.
- By delaying filing the claim, your employer might trick you into using your own healthcare plan for treatment.
- Your employer might deliberately delay the claim process in order to force you to give up the claim.
- Your employer is legally obligated to report your injuries to the Workers’ Compensation Commission and their workers’ compensation carrier. If they fail to do so – for whatever reason – they are in violation of the state’s laws and can be held accountable.
How Can A Workers’ Compensation Attorney Help Me?
Even if your employer fails to report your injury or illness to the Workers’ Compensation Commission and the insurance company in a timely manner, you can still pursue the benefits that you may be entitled to. An experienced South Carolina workers’ compensation attorney can guide you through the process and make sure you are not deprived of your benefits as a result of your employer’s negligence.
