Each state has its own worker’s compensation system to protect and compensate private and government employees if they are injured while working. A claim for workers’ compensation will result in an award which indicates an employer’s strict liability, meaning that it will be responsible only for compensating the injured employee for their medical costs or lost wages resulting from the work-related injury. Worker’s compensation awards do not include punitive damages and do not consider any fault or negligence of the employer.
In South Carolina, all workers’ compensation claims are handled by the SC Workers’ Compensation Commission.
If your employer and its insurance carrier have approved your claim, it is likely that your employer will file a claim with the Commission. You will need to verify that this is the case. If you discover that a claim has not been filed, or your employer has denied the validity of your claim or if you believe that you did not receive all of the benefits that you should have, you may personally file a claim with the Commission.
Filing a Claim
To file a claim with the Commission, you should submit a Form 50 or Form 52, which can be downloaded from http://www.wcc.sc.gov/welcomeandoverview/forms/Pages/default.aspx. If you are not able to download the appropriate form, please contact the Commissions Claims Department at (803) 737-5733 to request that the forms be sent to you via the mail.
Please note when completing either form that you should mark the box at the signature line which states “I Am Filing A Claim. I Am Not Requesting A Hearing At This Time.” There is no charge for submitting these forms in relation to filing a workers’ compensation claim (however, there is a $25.00 charge for filing these forms and requesting a hearing).
Consulting With An Attorney
If you would like to know more, please feel free to call one of our North Charleston workers compensation lawyer now. The initial consultation is absolutely free. Let one of our on the experienced injury lawyers give you straight answers to all your legal questions.