South Carolina Workers' Comp Deadlines: What You Need to Know Before Time Runs Out

The Two Deadlines That Control Your Workers' Comp Claim in SC

The 90-Day Rule: Report Your Injury to Your Employer

Under South Carolina law, you must notify your employer of a work injury within 90 days of the accident. This is not the same as filing a claim — it is simply telling your employer that you were hurt on the job. That notice can be verbal, but written notice is always better.

If you miss this window, you risk losing your right to workers' compensation benefits entirely, regardless of how serious your injury is. The SC Workers' Compensation Commission administers the state's workers' comp system and enforces these rules without exception — unless a recognized exception applies to your situation.

The 2-Year Statute of Limitations: Filing Your Formal Claim

After reporting your injury, you have two years to file a formal claim with the SC Workers' Compensation Commission. That two-year clock runs from the date of your injury or the date of your last medical treatment, whichever is later. If your injury required ongoing treatment, the window may still be open even if the accident happened more than a year ago.

This deadline is firm. Once it passes, the Commission has no authority to hear your claim, and no attorney can recover benefits on your behalf.

When Does the Clock Actually Start?

For most injuries, the clock starts on the day of the accident. But for occupational diseases or conditions that develop gradually — repetitive stress injuries, hearing loss, chemical exposure — the clock may start from the date you knew or should have known the condition was work-related. This distinction matters, and it is worth a conversation before you assume your window has closed.

Exceptions That May Extend Your Deadline

South Carolina law recognizes limited exceptions to both the 90-day reporting rule and the 2-year filing deadline. These include situations where:

• The worker was physically or mentally incapacitated and unable to report
• The employer or its insurer had actual knowledge of the injury through other means
• Symptoms were not immediately apparent and developed over time
• A minor was injured and the deadline tolls until they reach adulthood

These exceptions are narrow and fact-specific. Whether one applies to your situation depends on the details of your case — not a general rule.

What "Last Medical Treatment" Means for Your Filing Window

If you received medical care for your work injury, your two-year filing window may extend beyond the date of the original accident. Each time you receive treatment connected to that injury, the statute of limitations resets from that treatment date. Workers who received care months after their accident — even informal care like a clinic visit — may have more time than they realize.

Injuries That Show Up Later: Delayed Symptoms and Reporting

Not every work injury is obvious on the day it happens. Back injuries, shoulder injuries, and traumatic brain injuries can present with mild symptoms that worsen over days or weeks. If you did not report your injury immediately because you thought you would recover on your own, you may still be within the 90-day window — or an exception may apply. Do not assume the door is closed until you speak with an attorney who knows SC workers' comp law.

Fear Kept You From Reporting — That Doesn't Mean Your Claim Is Over

A Note on Why I Handle These Cases Directly

I am a solo practitioner, which means when you call about a workers' comp deadline, you speak with me — not a case manager, not a paralegal screening your call. Before I was an attorney, I was a social worker at the SC Department of Social Services. I understand that the people who call me about missed deadlines are often scared, ashamed, or convinced they have already lost. That is rarely true. Let me check your timeline before you walk away from a valid claim.

Frequently Asked Questions About Workers' Comp Deadlines in SC