If you are hurt at work, then workers’ compensation is typically the exclusive remedy for your on-the-job injuries. In an effort to make sure that you have the best opportunity to get treatment and fair compensation for your injuries, notifying your employer is a very important first step.
In South Carolina, an injured worker is required to give notice of an injury immediately after an accident, or as soon thereafter as practicable. In fact, no compensation shall be payable for a work-related injury unless notice is given within ninety days after the occurrence of the work-related injury or death, unless reasonable excuse is made to the South Carolina Workers’ Compensation Commission for not giving timely notice and the Employer doesn’t suffer prejudice.
Many injured workers sustain an injury and hope that it will resolve in a day or two. The injured worker often fears making waves with his employer or simply believes that the injury is minor and will resolve in time. Often, these injuries linger on and ultimately cause the injured worker to require treatment, and worse, to miss time from work.
It is important to realize that the longer you wait to notify your employer of an injury sustained at work, the more likely you are to see your claim get denied. Failure to timely notify your employer of your injury can lead to a denial of your claim, prolonged litigation, and delays in treatment. It is always best practice to notify your employer immediately following your injury no matter how minor you believe your injury to be. If possible, you should always attempt to document your notice to the employer. A simple text message or notation in your file describing your injury can go a long way towards obtaining your workers’ compensation benefits.
If you’ve sustained an injury at work and feel you should be receiving benefits, then talk with an attorney to discuss your rights and to answer any questions that you may have. Contacting an attorney as soon as practical is one of the best ways to protect your rights and ensure that you are being compensated properly.
If you would like to speak with an attorney regarding your on-the-job injury, please do not hesitate to contact us at 803-784-0730.
Note: In cases regarding repetitive trauma and occupational exposure injuries, there are special rules regarding notice to your employer. If you’ve sustained a repetitive trauma or occupational exposure injury, it’s best to sit down with an attorney to further discuss your rights and obligations.