Most South Carolina workers may be eligible for 
Understanding South Carolina’s Statute of Limitations for Occupational Disease Claims
There is a specific statute of limitations for filing an occupational disease claim in South Carolina. According to state law, employees generally have to file a claim two years from the date they become aware (or should reasonably have become aware) of the disease and its relation to their job.
However, this can be challenging in cases of diseases with prolonged latency periods, like certain cancers, as symptoms may not appear until many years after exposure. After discovering symptoms, prompt consultation with a South Carolina workers' compensation attorney can be essential for meeting filing deadlines.
Pursuing and Proving an Occupational Disease Claim in South Carolina
To pursue workers' compensation benefits for an occupational disease, claimants typically need to demonstrate that their condition relates to their work environment or duties. Essential steps in this process include:
- Employer notification. Workers must notify their employer in writing as soon as they discover their occupational disease.
- Medical attention. An authorized medical provider will evaluate the condition and create a treatment plan for the occupational disease.
- Documentation. Medical records, workplace incident reports, and witness statements create a documented history of the occupational disease.
- Claim filing. The South Carolina Workers' Compensation Commission requires specific forms and documentation for all claims.
- Appeals process. If their claim is denied, workers may have the right to request a hearing before the Workers' Compensation Commission.
The Role of Medical Evidence in Proving Occupational Disease Claims
Medical evidence is critical for an occupational disease claim to be successful. South Carolina law requires an authorized physician or medical expert to confirm that the illness is related to workplace exposure. This often involves specialized diagnostic tests and assessments to verify the causation between the job and the disease. Medical experts may assess exposure levels to specific toxins, review medical history, and compare industry data on exposure risks to substantiate a claim.
Employer and Insurer Responsibilities in Occupational Disease Claims
Employers and insurers are required to investigate claims promptly and provide benefits if a valid link to occupational exposure is established. Unfortunately, insurance companies often challenge these claims to limit their payouts. They may question the disease's causation, delay treatment approval, or even deny claims outright. While insurance companies may challenge claims, a South Carolina workers’ compensation attorney may help eligible workers protect their rights.
Workers' Compensation Benefits
South Carolina workers' compensation benefits for qualifying occupational diseases may include medical expenses, disability payments, and vocational rehabilitation services. The specific benefits available depend on factors, including the nature of the condition and its impact on work ability.
Medical benefits may cover necessary treatment, while disability payments may provide compensation for qualifying wage loss. Vocational rehabilitation services may be available to assist workers who need to transition to different roles due to their condition.
