The 90 Days Before Your Rights Disappear
Posted August 18, 2026 in Workers Compensation
Under S.C. Code Section 42-15-20, an injured worker must notify their employer of a workplace injury within 90 days of the accident. Missing this notice window generally bars the worker from receiving workers’ compensation benefits, with only limited exceptions, such as cases involving a worker’s death, where dependents get a longer period to report.
A Charleston workers compensation lawyer treats this 90-day notice deadline as the very first thing to confirm in any brand new case, since it is entirely separate from the longer deadline for actually filing a claim with the state commission.
How Is the Filing Deadline Different From the Notice Deadline?
Reporting an injury to your employer within 90 days satisfies only the notice requirement. Separately, an injured worker generally has two years from the date of the accident to file a formal claim, using Form 50, with the South Carolina Workers’ Compensation Commission. Missing this second deadline bars the claim entirely, regardless of whether the initial notice was given on time.
These two deadlines serve different purposes and require separate action, which is a distinction that catches many injured workers off guard when they assume reporting the injury to a supervisor is the only step required. A worker who reported an injury promptly, but never actually filed the required paperwork with the Commission, can still lose the right to benefits once two years pass.
Can I Sue My Employer Instead of Filing for Workers’ Comp?
Generally, no. South Carolina’s workers’ compensation system operates as the exclusive remedy for a workplace injury, meaning an injured employee generally cannot sue their employer directly for a workplace accident, even if the employer was negligent. This exclusivity is the tradeoff for a system that provides benefits regardless of fault.
A narrow exception exists for employers who do not carry the required workers’ compensation insurance and have fewer than four employees, in which case an injured worker may have the option to pursue a direct lawsuit instead. This lawsuit route can potentially recover damages the workers’ compensation system does not provide, such as full pain and suffering, but it also requires proving negligence rather than simply establishing that a work injury occurred.
What Happens With Occupational Diseases and Delayed Diagnoses?
Some workplace injuries, such as exposure to asbestos or repetitive stress conditions, do not produce an immediate, obvious injury the way a fall or a machinery accident does. For these occupational diseases, the two-year filing deadline generally runs from the date of diagnosis rather than the date of the underlying exposure, since a worker cannot reasonably report or file a claim for a condition they do not yet know they have.
Understanding which deadline applies to a specific type of injury matters considerably in every single case, since assuming the wrong start date can cost a worker their right to benefits entirely.
What Should You Do Immediately After a Workplace Injury?
Because South Carolina imposes strict deadlines at multiple stages, acting quickly protects your right to benefits. Useful steps include:
- Reporting the injury to your employer in writing as soon as possible
- Seeking prompt medical evaluation and documenting your treatment
- Requesting a copy of any incident report your employer files
- Keeping records of missed work and related medical expenses
- Filing your claim with the Commission well before the two-year deadline
How Does Woron and Dhillon, LLC Help Injured Workers?
Workers’ compensation claims move against a strict set of overlapping deadlines that are genuinely easy to misunderstand. Woron and Dhillon, LLC helps injured workers meet every applicable deadline while pursuing the full range of benefits South Carolina law allows.
What Should Your Next Step Be?
Understanding South Carolina’s notice and filing deadlines is essential to protecting your right to workers’ compensation benefits after any workplace accident. If you were hurt on the job in the Charleston area, a Charleston workers compensation lawyer can help you meet every deadline your case actually requires.