Color Every workers compensation case has a time limitation within which a claim for benefits must be filed with the South Carolina Workers' Compensation Commission. In most cases, this limitation is two years from the date you were injured. There are exceptions to this rule which depend upon the specific facts of the individual case. Failure to file your claim within the time limitation will result in your claim being forever barred and you can never receive any compensation. In the case of occupational diseases, the time limitation for the filing of the claim with the South Carolina Workers' Compensation Commission expires two years from the date a doctor has definitively diagnosed the occupational disease. Additionally, there is a time limitation within which you must report the accident to your employer. Typically the time period for reporting the accident to your employer is 90 days from the date of the injury. Failure to report your injury within the 90-day period may result in your claim being forever barred. If you are injured on the job as a result of the fault of a third person who is not your employer nor a co-employee, you have a potential claim against the at-fault third party. This claim is separate and distinct from your claim for workers compensation. For example, if you are injured in a car wreck while performing your job, and the other driver is at-fault, you have a right to recover against the other driver. Similarly, if you are injured because some machine or other product was defective in its manufacture or design, you have a right to make a claim in court against that manufacturer or distributor. In the event there is a monetary recovery against a third party, a portion of that recovery may go to the employer or workers compensation insurance company who has a lien against the third party recovery up to the amount of benefits paid to you under your workers compensation claim. How much, if any, money you have to repay the workers compensation insurance company depends upon the facts of the case. return to top