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Can I file a claim if I did not immediately tell my employer about my accident?

Posted by Katie Phipps | Nov 15, 2021 | 0 Comments

Yes. Before I write any further, injured workers should always tell the employer as soon as possible about an on-the-job injury! Having said that, in South Carolina employees have 90 days from the date the accident occurred to report before the employer has an “affirmative notice defense.” S.C. Code Ann. 42-15-60 Nonetheless, claims are often denied for credibility reasons if they are not reported immediately. When reporting an accident, speak to a supervisor or someone in HR. Even if you waited more than 90 days to report an accident, your claim is not barred. Though the employer has an affirmative defense, they have to prove they were prejudiced by a claimant's failure to report. Speak to an attorney, about your chances of prevailing in all circumstances.

About the Author

Katie Phipps

For more than 17 years, Katie had a successful practice at two of South Carolina's largest workers' compensation defense firms. During that time, she realized her favorite part of the job was helping Pro Se claimants navigate the settlement process. As a lawyer for the insurance carrier, she ofte...


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