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What should I do if my South Carolina employee is injured?

  • South Carolina

You do your best to make sure your workplace is safe. But things still happen. And, when an incident occurs, you’ll need to take action fast.

Here’s what to do immediately after an employee is injured on the job.

The two steps to take immediately after a workplace accident.

1. Make sure your team member gets medical attention.

If the injury is serious, don’t hesitate—call 911 immediately. For a minor injury, make sure transportation is available to the nearest Urgent Care facility and then follow up to ensure that the appropriate treatment is happening.

You can figure out the paperwork later. Getting your employee the medical attention they need is your first priority.

2. File the First Report of Injury or Illness.

Next, it’s your responsibility to file a report of what happened. You’ll need this form—as well as the name and address of your insurance carrier, your policy information, and the employee’s information. You’ll also need to provide details of the incident.

3. Call your workers’ comp company.

Your insurer has handled many situations like yours. Tell them what happened immediately so they can start working on your case. They’ll also be able to advise you on next steps.

Have you gotten the process started? Let's look at some other things you need to know about filing a workers’ comp claim in South Carolina.

Who is responsible for filing a South Carolina workers’ comp claim?

You are. In the State of South Carolina, the employer is responsible for filing the First Report of Injury. If you neglect your duty, the employee has the right to follow up with the South Carolina Workers’ Compensation Commission by filing an Employee Notice of Claim—but that won’t look good for your business, so don’t procrastinate on filing a claim.

What if my employee’s claim isn’t valid?

If something about an employee claim doesn’t seem right, you can dispute the claim by filing a Request for Commission Review. Depending on the situation, the claim will likely go to a review and mediation process (which will be administered by the state commission). You’ll want to check in with your insurer to get full details on how the process works.

(Go here to see what is covered by South Carolina workers' comp.)

Can your employee sue you?

If you have workers’ compensation insurance, your employee probably won’t be able to sue you. Workers’ comp is meant to protect you, the employer, from lawsuits which could arise from a job-related injury.  That means your employee won’t be able to sue you—in most cases.  (Get a quote for workers' comp now.)

What happens if an employee dies on the job?

If one of your team members dies at work, you’ll have two calls to make.

First, you’ll need to call the Occupational Safety and Health Administration (OSHA) at 1-800-321-OSHA to report the death. This needs to happen within 8 hours of the accident.

Then, call your online business insurance carrier. They’ll be able to provide you with next steps.

Have more questions? Your insurance company has done all of this before.

As soon as your workers’ comp carrier is notified of the incident, they'll be in touch soon to walk you through the rest of the process. If you have any questions, they should be your first call.

Don’t have a workers’ comp policy? We can help with that. Get an instant estimate on a Huckleberry policy in less time than it takes to get a cup of coffee. Everything’s online. Everything’s easy.

Go back to The Employer’s Guide to South Carolina Workers’ Comp Insurance or get an instant estimate on workers' comp coverage.


All content on this page is for general informational purposes only and does not apply to any specific case, is not legal, tax or insurance advice and should not be relied upon. If you have any questions about the situation for your small business or the latest information in your state, you should contact an attorney for legal advice, an insurance agent or broker, and/or your state's labor or industry agency, board, commission or department. Please note that the information provided on this page may change at any time as a result of legislative action, court decisions or rules adopted or amended by any state or the federal government.

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