A workplace accident can leave you dealing with pain, medical appointments, and uncertainty about your next paycheck.

In the middle of everything, it is easy to put off telling your employer—especially when an injury initially seems minor.

Waiting can create serious problems.

In most cases, you have 90 days to report a work injury in South Carolina.

State law also directs injured employees to notify their employers immediately or as soon as reasonably practical.

In other words, 90 days is generally the outside limit, not a suggested waiting period.

South Carolina’s 90-Day Work Injury Reporting Deadline

Understanding the reporting deadline—and how it differs from the deadline for filing a workers’ compensation claim—can help you protect your rights.

Under South Carolina Code Section 42-15-20, an injured employee or the employee’s representative must give the employer notice of a workplace accident immediately or as soon afterward as practical.

The statute generally prevents an employee from receiving compensation unless notice is provided within 90 days after the accident, which is why it’s critical to understand how workers’ compensation in South Carolina works.

It also states that an employee may not receive medical fees or compensation that accrued before notice was given unless the employer already knew about the accident or certain other circumstances apply. (South Carolina Legislature Online)

Because of these rules, you should report an injury as soon as possible. Do not wait to see whether the pain goes away. A sore shoulder, aching back, head injury, or swollen knee can become more serious after the initial accident.

Who Should You Tell About Your Workplace Injury?

Early reporting also gives the employer an opportunity to investigate what happened, speak with witnesses, and arrange appropriate medical treatment.

Report the accident to someone with authority at your workplace, such as a supervisor, manager, human resources representative, business owner, or on-site nurse. Simply telling a coworker may not qualify as proper notice.

The South Carolina Workers’ Compensation Commission’s injured-worker guidance recommends reporting every work injury immediately to a person in a supervisory role.

It also advises injured employees to request an evaluation from the employer’s recommended medical provider after giving notice.

Follow your employer’s accident-reporting procedures when possible. However, do not let the absence of a form—or a supervisor’s refusal to complete one—stop you from providing notice.

Put the Report in Writing

South Carolina law does not require a particular method of notice, but a written report can prevent later disputes over when and how the employer learned of the injury.

An email, text message, incident report, or dated letter should explain:

• When and where the accident happened;
• What work task you were performing;
• How the injury occurred;
• Which parts of your body were hurt;
• What symptoms you are experiencing; and
• Whether anyone witnessed the incident.

Keep a copy of everything you submit. If you first report the accident verbally, follow up in writing and note the date of the original conversation.

Does a Supervisor’s Knowledge Count as Notice?

In some situations, an employer may have sufficient notice even without a formal accident report. The key question is often whether the employer knew enough facts to connect the employee’s injury or illness to the employment.

The South Carolina Court of Appeals addressed this issue in Nero v. South Carolina Department of Transportation.

The employee lost consciousness in front of two supervisors after performing physically demanding roadwork.

The court explained that Section 42-15-20 does not establish a specific method for giving notice. Instead, notice is intended to give the employer an opportunity to investigate the injury and provide medical care.

The decision does not mean that being injured in front of a supervisor will always satisfy the rule. An employer’s awareness that someone feels sick or is in pain may not be enough unless the surrounding facts connect the condition to the employee’s work.

The safer course is to clearly state that the injury happened while you were working and that you believe it is job-related.

Are There Exceptions to the 90-Day Rule?

A late report does not automatically end every workers’ compensation claim.

Section 42-15-20 allows the Workers’ Compensation Commission to excuse untimely notice when the employee provides a reasonable explanation and the employer was not prejudiced by the delay.

The statute also addresses situations in which the employer already knew about the accident or the employee was prevented from reporting because of physical or mental incapacity, fraud, or deceit by another person. (South Carolina Legislature Online)

Whether an exception applies depends on the evidence. A delay may make it harder for the employer to inspect the accident scene, interview witnesses, or determine whether medical care was job-related. Employees should never rely on an exception when timely reporting is still possible.

What Is the Deadline for a Repetitive Trauma Injury?

Not every work injury results from a single accident. Some conditions develop gradually through repeated lifting, typing, bending, gripping, or other job duties.

For a repetitive trauma injury, the 90-day reporting period generally begins when the employee discovers—or reasonably could have discovered—that the condition is compensable.

This rule may apply to conditions such as carpal tunnel syndrome or injuries caused by repeated physical stress.

Do not assume the deadline cannot begin until you receive a final diagnosis.

Report persistent symptoms once you have reason to believe your work activities are causing or worsening them.

Describe the duties you perform, when the symptoms began, and what activities make them worse.

Reporting an Injury Is Different From Filing a Claim

Telling your employer about an accident is only one part of the process. South Carolina has a separate deadline for filing a workers’ compensation claim with the Commission.

Under South Carolina Code Section 42-15-40, an injured employee generally has two years from the accident date to file a claim.

A repetitive trauma claim generally must be filed within two years after the employee knew or should have known the injury was compensable, subject to a seven-year limit following the last injurious exposure.

The Workers’ Compensation Commission explains that an employee may protect the claim by submitting a Form 50. A dependent generally uses Form 52 when a workplace accident results in death.

An employer or insurance carrier may submit paperwork, but employees should not simply assume that a claim was properly filed on their behalf.

What Should You Do After Reporting the Injury?

Ask the employer where you should obtain authorized medical treatment.

South Carolina employers generally have the right to select the treating physician, although emergency injuries should receive immediate care.

Tell every medical provider that the injury happened at work and identify all affected body parts.

Continue documenting your medical appointments, work restrictions, missed days, mileage, and communications with the employer or insurance carrier.

Do not ignore a denied claim, a refusal to authorize treatment, or a request to give a recorded statement without first understanding how your response could affect the case.

Speak With Chandler Law Firm About a South Carolina Work Injury

The 90-day notice period can pass quickly, and disputes may arise even when an employee believes the employer already knew what happened.

If you were hurt at work in Myrtle Beach, Charleston, Horry County, or elsewhere in South Carolina, contact Chandler Law Firm to discuss the reporting deadline and the next steps available in your situation.

Do not wait until an insurance company raises a notice defense.

Call 843-448-4357 to speak with workers’ compensation attorney Jeff Chandler about your South Carolina workers’ compensation matter. The firm has offices at 2501 North Oak Street, Myrtle Beach, SC 29577, and 231 King Street, Charleston, SC 29401. (Chandler Law Firm)

This article provides general information and is not legal advice. Reading it does not create an attorney-client relationship. Every workers’ compensation matter depends on its particular facts.