Hurt on the job? Your employer is supposed to report your accident. However, this does not always happen. This raises an important question: What happens if an employer does not report an accident to workers’ comp? The short answer is that your employer has violated their obligations under South Carolina law. You have a right to make sure that the incident is properly reported. Here, our Lexington workers’ comp lawyer explains what you should do next.
Know the Law: Employer Obligations in South Carolina
As a starting point, it is useful to understand how the law actually works in South Carolina. Every employer that is covered by the South Carolina Workers’ Compensation Act must report an injury within ten days of receiving notice. The report is made to the South Carolina Workers’ Compensation Commission (SCWCC) using Form 12A. That form is titled: “Employer’s First Report of Injury or Illness.”
Key Point: Employers in South Carolina must also notify their insurance carrier of a workplace accident immediately. There should be no delay.
An Employer’s Failure to Report Can Lead to Sanctions
It is important to emphasize that employers in South Carolina can be held accountable for violating their obligation to report a workplace accident promptly. Indeed, the failure to report can have legal consequences. The SCWCC may impose penalties for noncompliance, and insurance carriers may deny coverage to the employer for late reporting. The obligation to report is not optional or discretionary: It is a statutory duty in South Carolina.
An Employer’s Failure Can Hurt an Employee: The most alarming thing is that a delay can interfere with the employee’s ability to obtain prompt medical treatment and wage replacement benefits.
Your Right to File a Workers’ Compensation Claim
You have the right to file for workers’ compensation if you were hurt on the job while working for a covered employer. If your employer refuses to report the accident, you are not powerless. South Carolina allows employees to initiate their own claim directly with the SCWCC. You can file a Form 50. That form is also called the “Employee’s Notice of Claim and/or Request for Hearing.” It puts the Commission on notice of your injury. You generally have two years from the date of injury to file. Of course, it is best to act as soon as possible. Once you file the Form 50, the Commission will contact the employer and its insurance carrier to verify coverage and start the investigation. Your filing triggers the same process that would have occurred if the employer had reported properly. In other words, your workers’ comp claim can move forward even if your employer did not do their part.
Common Reasons Employers Fail to Report (and Why They Do Not Hold Up)
There are a lot of excuses from employers. An experienced South Carolina workers’ comp lawyer has seen and heard them all. Some employers fail to report for self-interested or mistaken reasons. These excuses do not excuse their legal obligation. Here is an overview of some of the most common reasons why employers fail to report workplace accidents and why they do not hold up:
- Fear of Higher Insurance Premiums: Employers may avoid filing claims to keep their experience rating low. The SCWCC considers this a violation of the Act. It is wrong.
- Misclassification of the Injury: An employer in South Carolina may claim the injury is “minor” or “not work-related.” That decision belongs to the insurer or the Commission. The employer does not decide.
- Retaliation and/or Suppression: Unfortunately, in some cases, employers intentionally suppress claims to discourage other workers from reporting injuries.
- Administrative Neglect or Genuine Error: Even when accidental, late reporting still breaches statutory duties. It is a big problem because it can delay care. Workers should never bear the burden of an employer’s negligence, even if it was a good-faith mistake.
Four Steps to Take if Your Employer Fails to Report
South Carolina law gives injured workers the tools to protect their rights. If your employer refuses to report your injury, you should be sure to do the following four key things:
- Document Everything: Write down how the accident happened, when you reported it, and who you told. Keep all medical records.
- Contact the Workers’ Compensation Commission: You can call the SCWCC directly or visit its website to confirm your claim status.
- File a Form 50 (Immediately): Filing this form formally initiates your claim and preserves your right to benefits. Form 50 is your tool to move the process forward.
- Consult an Experienced Attorney: A Lexington workers’ comp lawyer can communicate with the Commission, gather evidence, and ensure your benefits are not delayed by employer misconduct. You do not have to take on the process alone.
Why Trust Smith & Jones for Workers’ Comp Cases in South Carolina
Hurt on the job and dealing with an employer who did not report your accident? You must take immediate action. At Smith & Jones Law, LLC, we are here to protect your rights and your interests. Our case results tell the story best. With a law office that is conveniently located in Lexington, we are well-positioned to represent injured workers in the 29071 zip code, the 29072 zip code, and throughout the broader region in South Carolina. Lexington is a great place to raise a family. Workers have built our economy, and we are here to support them. Your initial consultation with our Lexington workers’ comp lawyer is free, fully confidential, and carries zero obligations.
Contact Our Lexington, SC Workers’ Comp Lawyer Today
At Smith & Jones Law, LLC, our Lexington workers’ comp attorney has the experience you can trust. If you have any questions or concerns about workers’ compensation, please do not hesitate to contact us today for a fully confidential initial consultation. With an office in Lexington, we handle workers’ comp claims in the 29072 zip code and throughout the entire region.