If either your first or your second claim is denied, your attorney can help you appeal at five different levels:

  • Informal conference
  • SCWCC hearing
  • Commission review
  • SC Court of Appeals
  • SC Supreme Court

There are deadlines and other procedural regulations at each level. You do not want to lose your opportunity to collect the benefits you deserve.

Exceptions and Extensions

Although the workers’ comp statute of limitations is a hard deadline in most cases, a few rare exceptions are possible:

Death claims.

If an employee dies in a fatal work-related accident, the surviving family members are excused from the 90-day reporting rule but still must file a claim within two years.


If your employer voluntarily waives the statute of limitations or fails to invoke it when two years have passed, you may still file your claim for benefits.


An employer that wrongfully prevents you from filing a claim within the two-year time period cannot invoke the statute of limitations as a defense.

Cognitive/mental disability. 

If your injury or illness renders you mentally incapable of filing a claim, the statute is tolled (stopped) until you’re able to do so.


If you’re under 18 when you sustain your injury or illness, the statute is tolled until you reach legal age. 

Federal Workers’ Comp Statute of Limitations

If you’re a Federal worker in South Carolina, you’re covered by Federal, not state, workers’ compensation. Both the filing procedure and the statute of limitations are different for Federal workers:

  • You must file a Federal workers’ comp claim within three years from the date of your injury or the date when you know or should reasonably know you’ve developed a medical condition as a result of your work. 
  • If you miss the three-year deadline, your claim might be accepted if your employer became aware of your injury or illness within 30 days of your accident or diagnosis. 

As with state claims, it’s always a good idea to report and file as early as possible. You can’t help your claim by waiting.

Have You Been Injured On The Job?

If you've been hurt at your job you can speak with a workers' compensation lawyer. Please contact us online or call our Charleston, South Carolina office directly at 843.488.2359 to schedule your consultation. We are also able to meet clients at our ConwayMyrtle Beach, Murrells Inlet, Mt. PleasantNorth Myrtle Beach or North Charleston office locations.


Dirk J. Derrick
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South Carolina Lawyer Dirk Derrick helps victims recover from car accidents, personal injury & wrongful death.