Workers’ compensation laws in South Carolina are designed to protect employees who get hurt or become ill as a result of their job. These laws ensure that injured workers receive timely medical care and financial assistance while recovering. Whether you’re facing a temporary injury or a long-term disability, this guide will help you understand your rights and how to get the support you need.
Who Must Carry Workers’ Compensation Insurance?
In South Carolina, any business with four or more employees must carry workers’ compensation insurance. This includes full-time, part-time, and seasonal workers. A few exceptions apply, such as:
- Agricultural workers
- Railroad employees
- Some casual employees
- Certain real estate agents
Employers can obtain coverage through a private insurance carrier or by qualifying to self-insure.
Who Is Covered Under the Law?
Most traditional employees in South Carolina are eligible for workers’ compensation benefits. This includes workers in:
- Manufacturing
- Construction
- Healthcare
- Retail and hospitality
- Education
Independent contractors are generally not covered unless misclassified. However, if an employer controls how, when, and where the work is done, you may qualify as an employee and be eligible for benefits.
Types of Covered Injuries and Illnesses
South Carolina workers’ compensation covers injuries that occur within the scope of employment. This includes:
- Slips, trips, and falls at work
- Repetitive motion injuries like carpal tunnel
- Machinery accidents
- Occupational illnesses such as respiratory conditions
- Psychological injuries linked to a physical injury
Injuries caused by employee intoxication, horseplay, or personal disputes are generally not eligible for compensation.
Filing a Workers’ Comp Claim in South Carolina
Here’s how to file a claim after a workplace injury:
- Report the injury to your employer within 90 days of the accident.
- The employer then files a claim with the South Carolina Workers’ Compensation Commission (SCWCC).
- If your employer refuses to file, you can submit a Form 50 directly to the SCWCC to initiate a claim.
Prompt reporting is key. Delays can affect your eligibility for benefits.
Available Benefits for Injured Workers
South Carolina’s workers’ compensation system provides the following benefits:
- Medical treatment: 100% coverage for authorized medical care related to the injury or illness
- Temporary total disability (TTD): Weekly payments if you’re unable to work while recovering
- Temporary partial disability (TPD): Partial wage replacement if you can only perform light duty
- Permanent partial disability (PPD): Lump sum or structured payments based on the extent of long-term impairment
- Permanent total disability (PTD): For injuries that prevent return to any type of gainful employment
- Vocational rehabilitation: Job retraining and placement assistance
Dependents of workers who die due to a job-related injury may be eligible for death benefits.
Wage Replacement and Benefit Amounts
Injured workers in South Carolina receive 66 2/3% of their average weekly wage, up to the maximum set annually by the SCWCC.
- Payments begin after a 7-day waiting period
- If your disability lasts more than 14 days, you can receive retroactive pay for the first week
Benefit duration depends on the type and severity of your injury.
Disputes and Denied Claims
If your claim is denied, or if you dispute the benefit amount, you can:
- Request a hearing before a commissioner by submitting Form 50
- Present evidence, medical records, and testimony to support your case
- Appeal decisions to the Full Commission and, if needed, to the South Carolina Court of Appeals
Having legal representation is especially helpful during the appeals process.
Statute of Limitations
In South Carolina, you must file a claim within two years of the accident or discovery of the illness. This timeframe may be extended in rare cases, but you should not delay seeking benefits or legal guidance.
Third-Party Lawsuits
While workers’ comp bars you from suing your employer, you may be able to pursue a third-party lawsuit if someone else’s negligence caused your injury. This includes:
- Car accidents while working
- Defective equipment or machinery
- Unsafe conditions at a job site controlled by someone else
In such cases, you may recover additional compensation for pain, suffering, and punitive damages.
Protections Against Retaliation
It’s illegal in South Carolina for an employer to retaliate against a worker for filing a workers’ comp claim. If you’ve experienced wrongful termination, demotion, or harassment after reporting a workplace injury, you may be entitled to additional damages.
Legal Help for Workers in South Carolina
If you’ve been hurt on the job in South Carolina, you don’t have to face the system alone. The following resources can help:
- South Carolina Workers’ Compensation Commission
- South Carolina Department of Labor, Licensing, and Regulation
- Legal Aid and Pro Bono Services
- Workers’ rights attorneys familiar with South Carolina law
A knowledgeable workers’ compensation attorney can help you get the benefits you deserve and guide you through appeals or related lawsuits.