Yes. Before I write any further, injured workers should always tell their employers as soon as possible about an on-the-job injury! Having said that what if you did not immediately report a claim to your employer? https://www.kphippslaw.com/steps-to-take-post-accident/ In South Carolina, employees have 90 days from the date the accident occurred to report before the employer has an affirmative, statutory “notice defense.” S.C. Code Ann. 42-15-60 https://law.justia.com/codes/south-carolina/title-42/chapter-15/section-42-15-60/ Nonetheless, claims are often denied for credibility reasons, if they are not reported immediately. When reporting an accident, speak to a supervisor or someone in HR. Tell them exactly what happened and the date and time of the incident. Be sure to mention any witnesses who saw the accident or who you talked to immediately afterwards. Ideally, your employer will take a written report documenting your accident.
After 90 days:
Even if you waited more than 90 days to report an accident, your claim is not barred. Though the employer has an affirmative defense, they have to prove they were “prejudiced” by any failure to report. They also have to assert a affirmative defense in a timely manner or it is waived. Speak to an attorney, about your chances of prevailing. All claims are dependent on the individual facts.
