Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
1. Understand Your Employer’s Reporting Duties
Under South Carolina law, an employer must report any workplace injury that results in lost time, medical treatment beyond first aid, or death to its workers’ compensation insurer and the South Carolina Workers’ Compensation Commission (SCWCC). See S.C. Code Ann. § 42-9-10. The report must include basic injury details, date, and nature of the injury.
2. Ask Your Employer or Supervisor
Start by contacting your HR department or direct supervisor. Request confirmation that a Form 3 (Employer’s First Report of Injury) or equivalent report was filed with the insurer. Employers often provide a copy of the claim form or at least the claim number.
3. Contact the Insurance Carrier Directly
If you know your employer’s workers’ compensation carrier, call the insurer’s claims department. Provide your name, date of injury, and employer’s name to obtain the claim status and claim number. Insurers typically confirm whether they received the employer’s report and whether a claim file exists.
4. Check with the South Carolina Workers’ Compensation Commission
You can verify claim filings through the SCWCC:
- Online: Visit the SCWCC E-Filing Portal at e-case.sc.gov and search by party name or claim number.
- Phone: Call the Commission’s information line at (803) 737-5700 and request claim status.
- In Person or Mail: Submit a written request to:
South Carolina Workers’ Compensation Commission
P.O. Box 1715
Columbia, SC 29202
5. Review Commission Filings
Once a claim is filed, subsequent documents such as Form 50 (Notice of Hearing) or Form 52 (Award) become part of the public record. You can access these online via the E-Filing Portal or request copies from the SCWCC clerk.
6. Note Important Deadlines
South Carolina law generally requires an injured worker to file a written claim within two years of the injury date. See S.C. Code Ann. § 42-15-60. Missing this deadline may bar your right to benefits even if your employer failed to report the injury.
Helpful Hints
- Keep copies of all correspondence with your employer and insurer.
- Note dates of phone calls and the names of the persons you speak with.
- Use certified mail when sending documents to the SCWCC.
- Keep a personal injury journal to record symptoms, medical visits, and communications.
- If you suspect non-compliance, consult an attorney promptly to protect your rights.