Workers’ Compensation is not always as straightforward as injured employees hope it will be after workplace accidents. Our lawyers will guide you through the claims process and advocate on your behalf with your employer’s carrier.

The process of getting Workers’ Compensation begins with you reporting an injury to your employer, preferably in writing. Seek medical care from the physician your employer selected, and seek a second opinion if you need to. We can confirm that your employer reported the injury to their insurer to begin your claim, provide whatever additional information or documentation the insurer might need, review the claim decision with you, and file an appeal if your claim is denied.

Call the Graves Injury Law Firm at (305) 614-2767 for your free case review from our Workers’ Compensation lawyers.

What is the Process of Getting Workers’ Comp in Charleston, SC?

Do not get overwhelmed by the process of getting Workers’ Compensation, and trust our attorneys to help you navigate the process from start to finish.

Report Your Injury

You must formally report an injury to your employer within the first 90 days after it happens in South Carolina. Notifying your employer in writing is important. Do not just verbally report the injury, even if you are under the assumption that your employer is aware of the recent accident and your injury. We can ensure this reporting deadline is met so you do not jeopardize your case.

Seek Medical Care

Employers in South Carolina can select which physician treats your injuries. If you do not see a doctor that your employer approves of, Workers’ Compensation may not pay medical benefits to cover any hospital bills and long-term care costs.

If you need medical attention immediately after an accident, you can go to the nearest emergency room and receive care from any physician. Do not let concern about seeing an approved physician stop you from going to the hospital.

Confirm Report to Insurer

In South Carolina, an employer has 10 days from the date of formal notification of a workplace injury to inform their Workers’ Compensation carrier. This notification is what opens your Workers’ Compensation claim. If your employer fails to report the injury, we can file the claim for you with the South Carolina Workers’ Compensation Commission (SCWCC) using Form 50 within 2 years of the injury. We can check with the SCWCC to see whether your employer has reported the injury.

Provide Additional Information Upon Request

Workers’ Compensation carriers often request additional information when reviewing a claim, such as additional proof of your income and records detailing pre-existing injuries or conditions. Our Workers’ Compensation lawyers can help communicate with the insurer on your behalf and provide any additional information or documentation the adjuster may need to approve your claim.

Receive Claim Decision

You may receive your claim decision within 2 to 4 weeks of Workers’ Compensation being notified about your injury. The claim decision will explain whether your claim is approved or denied, your medical benefits, and what your weekly wage replacement benefit will be. We can review the decision with you, explain what it means, and help you respond if you disagree with the adjuster’s decision.

What Are the Potential Outcomes of a Workers’ Comp Case in South Carolina?

There are a couple of potential outcomes of a Workers’ Compensation case in South Carolina, and our lawyers can prepare you for what to expect.

Acceptance

Ideally, your Workers’ Compensation claim is accepted, and you will start receiving wage replacement benefits. If your claim is accepted, your physician can bill the insurer directly, so you never have to see the invoices yourself.

Denial

Denial is another potential outcome of a Workers’ Compensation claim. Disputes over whether the injury occurred on the job, failure to see the physician selected by your employer, or missing key reporting deadlines could end in a claim denial.

If your claim is denied, that is not necessarily the end, and we can help you pursue an appeal. The decision letter will explain why your claim was denied, and our lawyers can use this information to prepare for an appeal.

Workers’ Comp FAQs

What Are the Different Types of Workers’ Comp Benefits in South Carolina?

The different types of Workers’ Compensation benefits in South Carolina are medical benefits, lost wages, and permanent disability benefits. Death benefits may be available to dependents for fatal injuries.

Do You Have to Use an Approved Doctor to Get Workers’ Comp?

Your employer must approve your treating physician for you to get any Workers’ Compensation benefits, not just medical benefits. You do not have to use an approved doctor for emergency medical treatment.

How Are Weekly Workers’ Comp Benefits Calculated?

Lost-wage Workers’ Compensation benefits in South Carolina are calculated by taking 66 2/3% of a claimant’s pre-tax average wages. Weekly Workers’ Compensation benefits may not exceed $1,189.94 in 2026.

How Long Can You Receive Workers’ Comp Benefits in Charleston, SC?

You may be able to receive lost-wage Workers’ Compensation benefits for a long time in South Carolina, up to 500 weeks or until you reach maximum medical improvement and can resume working. Medical benefits are indefinite, lasting for as long as you need medical treatment, provided you do not accept a clincher agreement.

What is a Form 16 Agreement for Workers’ Comp?

A Form 16 agreement is a type of Workers’ Compensation settlement that leaves the door open for the claimant to potentially seek more medical damages within 1 year of the final payment if their condition worsens.

What is a “Clincher” Settlement Agreement for Workers’ Comp?

When a Workers’ Compensation claim ends in a clincher agreement, both parties agree to a lump sum payment or structured payments to completely close the claim. Accepting a settlement stops you from seeking additional damages if you need more medical care in the future, so consider this carefully.

Get Our Help with Your Workers’ Comp Claim in Charleston, SC

Call the Graves Injury Law Firm at (305) 614-2767 for help with your case from our Workers’ Compensation lawyers.