South Carolina Injuries

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Can a Charleston employer punish me for filing after my child was hurt at daycare?

$0 is what you should pay for staying quiet out of fear. But yes, a Charleston employer may try to punish you by cutting hours, changing shifts, or pushing you out - and South Carolina's at-will employment rules do not give workers broad protection just because they file a personal injury claim for a child.

That is the trap.

The follow-up question you should be asking right now is: Who files the claim for my child, and does a settlement need court approval?

In South Carolina, a parent or guardian usually brings the claim for an injured minor. The child does not sign away rights. If the daycare, school, or after-school program wants a fast settlement, be careful: when a child is involved, court approval may be required, especially for a larger settlement. The court looks at whether the deal protects the child, not the daycare's insurer.

For deadlines, South Carolina usually gives injury claims 3 years. For a minor's own claim, the clock can be paused until age 18 in many situations under S.C. Code § 15-3-40. But do not treat that as extra time to wait. Evidence disappears fast - surveillance gets erased, staff change jobs, and incident reports get cleaned up.

If this happened at a Charleston daycare near a busy corridor like Rivers Avenue or during spring and summer pickup chaos, save proof immediately:

  • the incident report
  • photos of the hazard and injuries
  • names of staff and witnesses
  • any messages about what happened
  • billing records and pediatric treatment notes

If the daycare blames your child, South Carolina uses modified comparative fault. A claim is barred only at 51% fault or more, but insurers still use blame-shifting early.

If the facility is licensed, complaints can also involve South Carolina DSS Child Care Licensing, which may have inspection records that matter.

by Priscilla Gadsden on 2026-03-31

Nothing on this page should be taken as legal advice — it's general information that may not apply to your specific case. If you've been hurt, a lawyer can tell you where you actually stand.

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