What is the 90-day rule for workers’ compensation in South Carolina? When you are hurt at work, your employer may be responsible for paying for your medical losses, lost wages, and other costs, but there are time limits you must understand.
This rule represents the 90-day limit you have for alerting the employer about your injury, and a North Charleston workers’ compensation lawyer can assist with your claim.
How the Workers’ Compensation 90-Day Rule Works
When you are hurt at work, you must notify your employer of that injury and, ultimately, inquire where to get medical care based on the preferred providers of the employer. It is ideal to report the injury as soon as possible to the employer, but you must do so within 90 days of that injury under South Carolina workers’ compensation laws.
If you fail to act within that workers’ compensation 90-day rule, even if you get medical care for your injury during that time, you may no longer be able to receive benefits under workers’ compensation laws. Reporting your injury directly to your supervisor or the business owner directly is critical. Just telling another co-worker about your accident or injury is not enough to document those losses.
Your employer has the right to learn of the incident as soon as possible. That enables the employer to report the injury to the workers’ compensation insurance provider and begin the process. That includes investigating your claim of the accident occurring at work with the help of a North Charleston personal injury lawyer.
Exemptions of the Workers’ Compensation 90 Day Rule May Exist
There are some situations in which the 90-day rule in workers’ compensation may not be applicable to your situation. We encourage you to reach out to a workers’ compensation attorney before assuming that your case falls into one of these areas. In all situations, working with an attorney is beneficial to determining if you have a case so you know answers to common injured worker FAQs.
One exemption allows for the discovery rule, which extends your right to file a claim beyond 90 days. If you do not know that you were hurt within that 90-day rule, for example, you may have more time to file a claim. This may occur, for example, in a repetitive injury type of accident or when you are exposed to a toxin.
If you are ill or suffering an injury for any reason and that incident occurred at work during the normal course of business, contact a workers’ compensation attorney to discuss your case. Alert your employer as soon as you suspect the incident caused your injuries, and then contact our workers’ compensation attorney. Acting quickly is critical in these situations.
What to Do After You are Hurt at Work
In any situation where you suffer an injury at your place of employment, your priorities should be to take care of any emergency medical need and then to report what occurred to your employer. Doing this helps to protect your right to workers’ compensation coverage because it makes it clear that your injuries are a direct result of your work. Then, consider the following:
- Alert your employer to your injuries. Tell them only the facts of what occurred that led up to the accident.
- Ask your employer where to go to get medical care. Many employers have a preferred medical care provider that falls under workers’ compensation coverage. If it is an emergency situation, do not wait to clarify this. Get medical care immediately.
- Get the medical care you need. Complete all follow-up care and follow all of the directions provided by your doctor.
- Do not go back to work before your doctor states you should do so. Maintain all required limitations on your activity.
- Report your injuries and keep the insurance company up to date as required.
- Document all of your losses in this case. Be sure that you have fully documented what occurred and gathered witness statements.
By taking these actions, you help protect your right to compensation. Keep in mind that, without a doubt, your legal team will give you guidance on how to report your injury, maintain your right to compensation, and meet all expectations under workers’ compensation law. Do not assume that the insurance company is working on your behalf.
What to Do if Your Coverage is Denied
There are times when the 90-day rule may expire, and that may mean that you may not have the right to file a claim and recover damages. To avoid this, be sure to act promptly, but if you receive a notice that your claim was denied, turn to an attorney to guide you. You may still be able to file a claim if:
- You have documentation that shows you alerted the employer to the injury, such as text messages, emails, or conversations.
- You have witnesses who can demonstrate that they know you reported the claim.
- You believe the employer did not document the accident even though you reported it.
- The employer asked you not to file a workers’ compensation claim for any reason.
- There is any question about the statements made by the workers’ compensation provider or your employer.
- You are not sure why your claim was denied or the information provided to you is limited, lacking details, or nonexistent.
Denials for compensation are not uncommon, but they do make it more challenging for you to recover the losses owed to you if you do not have a skilled attorney by your side.
Any instance in which there is a question about the 90-day rule, including any indication that your claim may be denied, is one in which you need to alert your employer to what is occurring. Doing so protects your rights to fair compensation with the assistance of a North Charleston catastrophic injury lawyer.
Seek Legal Help from a Workers’ Compensation Attorney for Immediate Help
The 90-day rule in workers’ compensation claims is a very important one to meet to protect your right to fair compensation for your losses.
Hiring an attorney to protect your rights in these situations could be critical. Contact Shelly Leeke Law Firm today to discuss your case and learn more about your rights with a North Charleston workers’ compensation lawyer.
