What to Do After a Workplace Injury in South Carolina

Getting hurt at work can be overwhelming. The pain, stress, and uncertainty about your job or income make it even harder. If you’re injured on the job in South Carolina, there are important steps to follow to protect your health and your right to workers’ compensation.
Fortunately, there are clear steps you can take to protect yourself. This guide walks you through what to do if you’re injured at work.
1. Report the Injury to Your Employer Immediately and Ask That They Provide You With Medical Treatment
Notify your employer as soon as possible. In South Carolina, you must notify your employer about the injury within 90 days. According to the South Carolina Workers’ Compensation Commission (WCC), failing to report your injury within this window could prevent you from receiving benefits.
Tell a supervisor, manager, or HR representative — not just a coworker. Try to report the injury in writing so you have proof of when you notified them.
When you report your injury, you should also ask that the employer provide you with medical treatment. This will help with documenting your claim and what injuries you have suffered. Even if the injury seems minor, it’s important to get checked out by a doctor. Medical records support your workers’ compensation claim. In addition, early treatment helps prevent complications and strengthens your case. Be sure to save discharge paperwork, prescriptions, and doctor notes.
2. Make Sure a Workers’ Compensation Claim Is Filed
After reporting the injury, your employer or their insurance provider should begin the workers’ compensation claim process. However, you should not assume everything is handled.
If your employer and their workers’ compensation insurance company refuse to acknowledge your injury, you have a few options. You can consult with an attorney who handles workers’ compensation claims so that they can properly file and move your claim forward. In the alternative, you can file a Form 50 directly with the Workers’ Compensation Commission without an attorney. Pursuing your claim without an attorney is not recommended as the Claimant has the burden of proof. If you fail to meet your burden, your claim will be denied by the Workers’ Compensation Commission. You have up to two years to file a claim. That said, filing sooner rather than later can prevent delays and disputes.
As noted by the South Carolina Workers’ Compensation Commission, South Carolina follows a no-fault system. In other words, you don’t need to prove your employer caused the injury — only that it happened during your employment. If you believe you need medical treatment or more medical treatment you must have “medical evidence” which means an opinion from a medical doctor stating you need medical treatment. The opinion of the medical doctor must be stated in such a way that meets the claimant’s burden of proof. Otherwise, you will be denied that medical treatment.
3. Follow the Doctor’s Instructions
Meanwhile, attend all your follow-up appointments and follow your treatment plan. If you skip visits or ignore medical advice, the insurance company could argue that your injury isn’t serious.
If you miss appointments or ignore medical advice, your benefits could be reduced or denied. For this reason, consistency is key.
Be sure your employer receives written documentation outlining your work restrictions and recovery status.
Keep all paperwork, test results, prescriptions, and bills. These documents are useful if you need to challenge a denial or request a hearing.
4. Know What Benefits You Might Receive
Once your claim is approved, workers’ compensation may cover:
- Medical care
- Partial lost wages (typically two-thirds of your average weekly wage)
- Disability award, if your injury causes long-term impairment
You may qualify for temporary disability benefits if you miss more than seven days of work. In that case, you’ll receive two-thirds of your average weekly wage, up to the maximum allowed by law.
As noted by SC Legal Services, you won’t be paid for the first seven days unless you’re out of work for more than 14 days total.
Therefore, timely reporting and accurate documentation are essential.
5. Don’t Panic If Your Claim Gets Denied
Unfortunately, some workers’ compensation claims are denied. This often happens when employers question whether the injury was work-related or properly reported.
In that situation, you have the right to challenge the denial by requesting a hearing before the South Carolina Workers’ Compensation Commission. During the hearing, you may present medical records and supporting evidence.At this stage, having an experienced workplace injury lawyer can significantly strengthen your case.
6. Talk to a Work Injury Lawyer Early
You’re not required to hire a lawyer, but it helps. Having a legal advocate ensures the insurance company doesn’t take advantage of you.
A lawyer can:
- Help file your claim correctly
- Help you meet your burden of proof
- Gather key evidence
- Represent you at hearings
- Ensure you receive the full benefits to which you may be entitled under the law
- Advise if you have a possible third-party lawsuit
At J. Bradley Baker Law, we represent injured workers across South Carolina. Our team helps clients from the moment of injury through the resolution of their claim — including medical disputes, hearings, and denied benefits.
Take Action Today
If you’ve been injured at work, don’t wait. Report the injury, seek medical help, and start the claims process as soon as you can. Workers’ compensation is meant to protect you, but only if you follow the right steps.
You’re not legally required to hire an attorney, but speaking with one can make a big difference when:
- You’re unsure of your rights
- Your employer or insurer is unresponsive
- Your injury is serious or long-term
- Your claim is delayed, reduced, or denied
At J. Bradley Baker Law, we help injured workers throughout South Carolina file claims, gather evidence, and fight for the benefits they deserve. Our team understands the workers’ compensation process in South Carolina and helps clients navigate it with confidence.
Need legal support? Contact J. Bradley Baker Law today for a free consultation.
This blog is intended for informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. Every case is different, and you should consult a qualified attorney about your specific situation.
Frequently Asked Questios
Can I Be Fired for Filing a Workers' Compensation Claim?
No, it is illegal for an employer to retaliate against you for filing a workers' compensation claim. If this happens, you may have grounds for additional legal action.
Can I See My Own Doctor?
In South Carolina, you typically need to see a doctor approved and authorized by your employer’s workers' compensation insurer. However, if you're unsatisfied with the care, you may be able to request a second opinion.
What if My Claim is Denied?
If your claim is denied, don’t panic. A lawyer can help you file for a hearing and present evidence to support your case.
How can I continue to pay my bills after I’ve been injured at work?
When you are suffering from a loss of income following an accident, it may be difficult to make ends meet, especially if your family or a loved on depends on your wages to run your household. Filing a workers’ compensation claim can help you receive weekly compensation and on-going medical treatment. This can help you when you no longer have your salary or hourly wages to depend on when you are healing.
What injuries qualify for workers’ compensation in South Carolina?
Most work-related injuries are covered, including traumatic accidents, repetitive strain injuries, and illnesses caused by your work environment.
When should I contact a workplace injury lawyer?
It's best to contact a lawyer as soon as possible after a workplace injury, especially if you're unsure about your rights or if your claim is delayed or denied.
Injured at Work? We're Here to Help.
If you’ve suffered a workplace injury in South Carolina, don’t go it alone. The legal team at J. Bradley Baker Law is here to help you understand your rights and seek the workers’ compensation benefits you may be entitled to.
Schedule your free consultation today.
