South Carolina
Workers' Compensation Defense

In many cases, valid workers’ compensation claims in South Carolina are denied because the injured worker did not give timely notice to their employer. South Carolina law requires workers injured on the job to provide their employers with notice of their injuries within 90 days. Notice should be given to a supervisor either verbally or in writing, and may be given by the employee's spouse, doctor, or other third parties. If the injured worker fails to provide this notice, then their workers' compensation is lost.

South Carolina has a time limit for filing a workers' compensation claim (which is separate from the deadline for providing notice of the injury) known as the statute of limitations. South Carolina’s statute of limitations for workers’ comp claims is two years, which begins on the date that the worker was injured. If the injured worker fails to file a workers' compensation claim with South Carolina Workers' Compensation during this time period, then they lose their right to pursue their claim.

Not all injuries are caused by working conditions. In some cases, workers may be injured on the job by their own actions. Injuries that they cause to themselves are not actionable under South Carolina's workers compensation laws.

In order to claim a work-related injury, there must be a causal link to the claimant's employment. One of the more common defenses to workers compensation claims is that the worker's injury was not related to their employment activities.

In some cases, injured workers will claim their injuries prevent them from returning to work. If their actions or medical records suggest otherwise, they may be forced to return to work and their workers' compensation benefits may be minimized.