The first step to filing a workers’ compensation claim is to report your injury or injuries to your employer within 90 days of the accident. If a claim is not filed within the 90-day time frame, you could miss receiving the full and proper amount of your benefits. Although the injury must be reported within 90 days, you have up to two years to file your claim for benefits. If the worker is deceased, the dependents must file the claim. If there are no dependents, the parents of the deceased must file the claim.
To file a claim, you must obtain from the South Carolina Workers’ Compensation Commission a Form 50 (Employee’s Notice of Claim and/or Request for Hearing) or a Form 52 (Deceased Employee’s Dependents or Parents Notice of Claim and/or Request for Hearing). The Law Office of Chase Harbin can help you obtain and fill out these forms.
Your claim will include your lost income and future lost income. We can assist in making sure the correct amount of income is reported so you get the maximum allowable compensation. Typically, there is a 7-day waiting period from the time you file a claim and the time your benefits can be paid directly to you. If you are out of work for more than 7 days, your employer’s insurance will provide payment to you until a doctor releases you to back to work.
If your employer’s insurance decides to dispute the claim, there will be a hearing before a Workers’ Compensation Commissioner. You will receive notification of the hearing if your employer decides to pursue that option. The Law Office of Chase Harbin is ready to assist with the entire hearing process – from preparation before the hearing to presentation of your case at the hearing deliberations.
Because this process is extremely time-sensitive, it is important to notify The Law Office of Chase Harbin as soon as you are injured. We are experienced with the procedures to get your rightful recovery and will fight to make sure you are rightly compensated.