Legal Question in Workers Comp in South Carolina

Injury at work

I injured my shoulder at work. I was with my boss when it happened. We did not turn it in on worker's comp. I had surgery, was out of work several weeks, and now need surgery on the other shoulder. He is now letting me go. Is it to late to file the first surgery that was in Dec on 2006 on wc and this one also?

Asked on 8/01/07, 8:33 pm

2 Answers from Attorneys

Alton L. Martin, Jr. Martin & Martin Attorneys, PA
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Re: Injury at work

The statute of limitations for filing a workers compensation claim in S.C. is 2 years. However, you are supposed to provide notice of an accident to your employer within 90 days. Since your supervisor saw it happen, I believe you could argue your employer had notice of the accident the day it happened. Let me know if you have other questions or need additional assistance.

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Answered on 8/02/07, 9:32 am
John Griffith Smith & Griffith, LLP
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Re: Injury at work

You must properly file your claim with the Commission and the employer within 2 years of the injury. I will be happy to help you with this. I have handled about 20 wc claims for shoulders in the last 2 years.

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Answered on 8/02/07, 12:33 pm

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