The timeline for a workers’ compensation claim in South Carolina can vary depending on the complexity of your case. In straightforward situations, you may begin receiving medical treatment and wage replacement benefits within just a few weeks of reporting your injury. However, the process can take longer if your employer or their insurance company disputes your claim. Have questions? Our workers’ compensation attorneys at Lee Injury Law, LLC, handle workers’ comp cases statewide.
Typical Timeline for a South Carolina Workers’ Compensation Claim
The workers’ compensation process unfolds through specific stages, and understanding them can help you track your claim’s progress and identify when action may be needed.
Report Your Injury As Soon As Possible
Report your workplace injury to your employer as soon as possible. South Carolina law requires that you provide notice within 90 days of the accident or discovery of the injury.After reporting, you must seek treatment from a physician authorized by your employer or their workers’ compensation insurance carrier. Taking these steps promptly is essential to protecting your right to benefits and beginning your recovery.
Claim Filing and Initial Review (2 to 4 Weeks)
Once you report your injury, your employer is required to file an Employer’s First Report of Injury (Form 12A) with the South Carolina Workers’ Compensation Commission. The employer’s insurance carrier then reviews your medical records and the details of the accident. For straightforward cases, this review usually takes about 2 to 4 weeks. If your claim is accepted, you will receive medical treatment and temporary wage replacement benefits.
Get legal help without leaving home — our team handles workers’ comp claims across South Carolina, offering support wherever and whenever you need it.
Medical Treatment and Recovery (Weeks to Months)
You will continue receiving treatment from your authorized doctor, along with wage replacement benefits, until you reach Maximum Medical Improvement (MMI). MMI means your condition has stabilized, and further medical care is not expected to improve your recovery. In South Carolina, most workers’ compensation benefits are capped at 500 weeks, though the exact length depends on the severity of your injury.
Impairment Rating
Once you reach Maximum Medical Improvement (MMI), your authorized doctor may assign an impairment rating that reflects any permanent loss of function caused by your injury. This rating is a key factor in determining whether you qualify for permanent disability benefits and calculating how much compensation you may receive.
When Claims Are Disputed: Hearings Before the Commission
If the insurance company denies your claim, disputes your benefits, or challenges your impairment rating, the matter may be brought before the South Carolina Workers‘Compensation Commission for a hearing. At the hearing, a commissioner will review the evidence and issue a decision. This process can extend the timeline of your case, especially if appeals are filed.
Get Help from Our South Carolina Workers’ Compensation Lawyers
Navigating the workers’ compensation system can be complex, especially while recovering from an injury. Lee Injury Law, LLC is here to guide you through every step and fight for a fair, timely resolution.
If you are unsure about filing a claim, see Should I File A Workers’ Compensation Claim? For insight on resolving your case, read Settling Your Workers’ Compensation Claim in SC. If delays or uncertainty are holding you back, contact us today for a free consultation. Our team is committed to advancing your claim and securing the benefits you are entitled to.
Tyler Lee, Attorney at Law
Tyler Lee founded Lee Injury Law in Columbia after earning his J.D. from the University of South Carolina School of Law in 2006. He has been a member of the South Carolina Bar since November 2006 and is admitted to the U.S. District Court of South Carolina. Tyler is a regular speaker at South Carolina Bar Continuing Legal Education programs, a presenter for the SC Bar Law School for Non-Lawyers, and a former president of Injured Workers Advocates (2018-2019). He is also a member of the American Association for Justice, the SC Association for Justice, and the SC Workers Compensation Educational Association. Recognized by Best Lawyers since 2019 and Super Lawyers since 2022, Tyler has personally handled more than 2,000 workers’ compensation and personal injury claims for the everyday working people of South Carolina.
