SC Code of Laws Section 42-15-20 requires “(A) every injured employee or his representative immediately shall on the occurrence of an accident, or as soon thereafter as practicable, give or cause to be given to the employer a notice of the accident and the employee shall not be entitled to physician’s fees nor to any compensation which may have accrued under the terms of this title prior to the giving of such notice, unless it can be shown that the employer, his agent, or representative, had knowledge of the accident or that the party required to give such notice had been prevented from doing so by reason of physical or mental incapacity or the fraud or deceit of some third person. (B)…no compensation shall be payable unless such notice is given within ninety (90) days after the occurrence of the accident or death, unless reasonable excuse is made to the satisfaction of the commission for not giving timely notice, and the commission is satisfied that the employer has not been prejudiced thereby. So what does this mean practically?

If someone is seriously hurt at work, notice to the employer is immediate and medical care is usually in the form of an ambulance. No questions or issues here. However, for someone who has a minor accident such as a strain, this provision can come into play. Oftentimes, a worker feels a strain or pain regularly if they work in intense or hard labor jobs. They cannot stop each time to report same. They may even go to an urgent care center or a chiropractor for relief. In these cases, it is still very important to report all accidents as soon as possible and request medical care from your employer so that the “notice” element is satisfied and a medical record is made. In many cases, what is first thought to be a relatively minor injury turns out later to be much more serious.

Another common scenario is where an employee slips or is injured while lifting heavy loads in an “unwitnessed” accident. These cases are the best example of why it is so important to immediately report all incidences and ask for a report to be made just to be safe. Given the many examples of fraudulent claims in the past, employers and the Commission are naturally skeptical of claims reported far removed from the date in question. Regardless, any claim reported beyond ninety (90) days without good reason is forever barred by law.