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Last Modified on Oct 14, 2026
Reporting a workplace injury promptly can affect your ability to receive workers’ compensation benefits. South Carolina law sets a deadline for giving your employer notice, and waiting too long can create problems with a claim even when the injury itself is legitimate.
For most workplace accidents, that deadline is 90 days from the date of the accident. Injuries that develop over time, such as repetitive-use conditions, can be different. In those cases, the reporting period may begin when you knew or should have known that you were injured and that the condition was related to your work.
Giving notice is also only the first step. South Carolina has a separate deadline for filing a workers’ compensation claim, so reporting an injury does not complete the claims process.
The Law Office of Charles T. Brooks III has represented injured workers in South Carolina since 1996, helping clients navigate the deadlines and requirements that can affect a workers’ compensation claim. If you were injured at work, we can help you understand which deadlines apply to your situation and what steps you should take to protect your claim.
Key Takeaways
- South Carolina law gives injured workers 90 days to notify their employer of a workplace injury
- For a sudden accident, the 90-day period starts on the date of the accident
- For an injury that develops over time, the deadline can depend on when you knew or reasonably should have known that you were injured and that the condition was work-related
- Reporting an injury and filing a workers’ compensation claim are separate steps with separate deadlines
- Missing the notice deadline can put your ability to receive workers’ compensation benefits at risk
How Long Do You Have to Report a Work Injury in South Carolina?
You have 90 days to report a work injury to your employer. South Carolina Code § 42-15-20 provides that an employee must give notice of an injury to the employer within 90 days after the accident.
For a specific accident, the starting point is generally straightforward. If you are injured at work on a particular date, you should notify your employer as soon as possible rather than waiting until the 90-day deadline approaches.
The law recognizes limited circumstances that may affect the notice requirement. For example, the deadline may not apply in the same way when the employer already has actual knowledge of the injury or when the employee is physically or mentally unable to provide notice. Whether an exception applies depends on the circumstances of the injury.
The safest approach is to report a work injury promptly and keep a record of when and how you provided notice.
What Counts as Proper Notice
Verbal notice can satisfy the deadline, but it leaves room for an insurer to argue later that it never happened. A written note, text, or email to a supervisor stating what occurred, when, and how, holds up better if the claim ends up contested at the Commission’s office in Columbia.
Notice vs. Filing: Two Different Clocks
Telling an employer isn’t the same as filing a claim. Once notice is given, the actual claim still has to reach the Commission within two years of the accident date. A work injury attorney sees this mix-up constantly, workers assume the 90-day report is the whole deadline, then learn months later that a second clock was running the entire time.
Frequently Asked Questions About Work Injury Law
What happens if I miss the 90-day deadline to report my work injury?
Missing the reporting deadline can prevent you from recovering workers’ compensation benefits, although South Carolina law provides limited exceptions. The circumstances surrounding the injury and the notice you gave your employer can matter.
Does reporting the injury use up my two years to file a claim?
No. Reporting the injury to your employer and filing a claim with the Workers’ Compensation Commission are separate steps with separate deadlines.
Does the 90-day rule apply to repetitive injuries?
The 90-day requirement can apply to injuries that develop over time, but determining when the period begins may be different from a sudden workplace accident. The relevant date can depend on when you knew or reasonably should have known that you had suffered a work-related injury.
Talk to a South Carolina Workers’ Compensation Lawyer
The deadline to report a workplace injury can pass while you are focused on medical treatment, missed work, and getting back on your feet. Waiting to see whether an injury improves can also make it harder to establish when the problem began and whether it is connected to your job.
The Law Office of Charles T. Brooks III has represented injured workers in South Carolina since 1996, giving the firm extensive experience with the deadlines and requirements that can affect a workers’ compensation claim. If you were injured at work, we can review your situation, explain the deadlines that apply, and help you understand what steps to take next.
Contact our team to discuss your South Carolina workers’ compensation claim.
