South Carolina Workers' Compensation: Deadlines, Benefits and How to File
South Carolina workers' comp rules: who must carry it, deadlines to report and file, weekly benefit rate and maximum, choosing a doctor, appeals and retaliation.
Quick answers for South Carolina
- Deadline to report the injury
- The injured worker must notify the employer immediately, or as soon as practicable, after the accident. S.C. Code § 42-15-20; S.C. Workers' Compensation Commission, Injured Worker FAQ's
- Deadline to file a claim
- The right to compensation is barred unless a claim is filed with the Workers' Compensation Commission within two years after the accident (or two years after a death). S.C. Code § 42-15-40; S.C. Workers' Compensation Commission, Injured Worker FAQ's
- Weekly benefit rate
- Temporary total disability is 66⅔% of the worker's average weekly wage, not more than the state average weekly wage for the preceding fiscal year, and not less than $75 a week (or the worker's actual average weekly wage if that is lower). S.C. Code §§ 42-9-10, 42-9-20; S.C. Workers' Compensation Commission, Injured Worker FAQ's
- Maximum weekly benefit
- The Commission's Compensation Rates page lists a maximum weekly compensation rate of $1,189.94 for accidents on or after Jan. 1, 2026 (it was $1,134.43 for 2025). S.C. Workers' Compensation Commission, Compensation Rates; S.C. Code § 42-9-10
Last verified: 2026-10-27
Coverage and deadlines
| Which employers must carry it | The workers' compensation law applies to employers that regularly employ four or more employees in the same business in South Carolina and had a total annual payroll of at least $3,000 in the previous calendar year. It does not apply to casual employees, agricultural employees, state and county fair associations (unless the employer elects coverage), railroads and railway express companies, federal employees, certain commission-paid real estate salespeople and agricultural product sellers, and certain owner-operator truck drivers. Exempt employers may voluntarily elect coverage. Source: S.C. Code §§ 42-1-360, 42-1-380 |
|---|---|
| Deadline to report the injury | The injured worker must notify the employer immediately, or as soon as practicable, after the accident. No compensation is payable unless notice is given within 90 days after the accident or death, unless the worker has a reasonable excuse and the employer was not prejudiced. For repetitive trauma, notice is due within 90 days of when the worker discovered, or reasonably could have discovered, that the condition is compensable. The Commission advises reporting to a supervisor, manager or on-site nurse, since telling a co-worker may not count. |
| Deadline to file a claim | The right to compensation is barred unless a claim is filed with the Workers' Compensation Commission within two years after the accident (or two years after a death). For occupational diseases, the two years start when the worker is definitively diagnosed and told of the diagnosis. For repetitive trauma, the claim must be filed within two years after the worker knew or should have known the injury was compensable, but no more than seven years after the last injurious exposure. The Commission notes that the worker must file a claim even if the employer has already reported the injury. |
| Waiting period | No wage-loss compensation is paid for the first seven calendar days of disability. If the disability lasts more than 14 days, compensation is paid from the first day of disability. Medical benefits are not subject to the waiting period. |
Benefits
| Weekly benefit rate | Temporary total disability is 66⅔% of the worker's average weekly wage, not more than the state average weekly wage for the preceding fiscal year, and not less than $75 a week (or the worker's actual average weekly wage if that is lower). Total disability benefits generally may not be paid for more than 500 weeks. Temporary partial disability is 66⅔% of the difference between pre- and post-injury average weekly wages. |
|---|---|
| Maximum weekly benefit | The Commission's Compensation Rates page lists a maximum weekly compensation rate of $1,189.94 for accidents on or after Jan. 1, 2026 (it was $1,134.43 for 2025). The statutory minimum is $75 a week, or the worker's actual average weekly wage if lower. A Commission advisory notice dated Dec. 19, 2025 stated a 2026 maximum of $1,178.30; the Compensation Rates page shows $1,189.94. |
| How long benefits last | Total disability compensation may not be paid for more than 500 weeks. The exception is a worker found totally and permanently disabled who, because of the work injury, is paraplegic or quadriplegic or has physical brain damage; that worker receives benefits for life. Partial disability compensation may not cover more than 340 weeks from the date of injury, and any earlier period of total disability is not deducted from that 340-week maximum. Scheduled losses (such as a hand or foot) are paid for set numbers of weeks under a separate schedule. |
| Permanent disability | When treatment ends, the doctor may give an impairment rating. Permanent partial disability is paid as a percentage of loss of use of a body part, or a percentage of disability to the whole person, multiplied by a number of weeks set in the statute's schedule and the worker's compensation rate. Loss of both hands, arms, shoulders, feet, legs, hips or vision in both eyes (or any two) is total and permanent disability, generally paid for up to 500 weeks. |
| Death benefits | If an accident causes death (within two years, or within six years while total disability continues), wholly dependent survivors receive 66⅔% of the worker's average weekly wage, within the same minimum and maximum as disability benefits, for 500 weeks from the date of injury, less weeks already paid to the worker. Partial dependents receive a proportional share. The employer also pays burial expenses up to $12,000. A dependent files a Form 52 death claim. |
Doctors, filing, settlements and appeals
| Choosing a doctor | In South Carolina, the employer has the right to choose the treating doctor, and the employer's insurer may not pay for treatment from a doctor the worker picks. The worker must accept the employer-provided medical care unless the Commission orders otherwise for good cause; refusing authorized treatment can suspend compensation. A worker who wants a different doctor can ask the employer's representative and, if refused, request a hearing before a commissioner. If the employer fails to provide care in an emergency, the Commission may order the employer to pay for another physician. |
|---|---|
| How to file | Report the injury to your employer and ask to be sent to the employer's doctor. To protect your rights, file a Form 50 (injury claim) or Form 52 (death claim) with the Workers' Compensation Commission within two years; there is no charge to file a claim. If the claim was not reported, was denied, or benefits are not being paid, you can request a hearing on the Form 50 or 52, submitted to the Commission's Judicial Department with a $50 fee. |
| Settlements | Yes. An employee and employer may settle as long as the amount and the time and manner of payment follow the workers' compensation law. If both sides have attorneys, the employer files a copy of the settlement agreement with the Workers' Compensation Commission. If the employee has no attorney, the agreement must be filed with the Commission and approved by one commissioner. Separately, once weekly payments have run at least six weeks, the Commission may allow future payments to be converted to a lump sum it sets, if this is not against the employee's best interest; no total lump sum may be ordered for a worker entitled to lifetime benefits. |
| Appealing a denial | A single commissioner decides the hearing. A party may ask the full Commission (appellate panel) to review the award by applying within 14 days of notice of the award, with a filing fee. A full Commission decision can be appealed to the S.C. Court of Appeals within 30 days of the award (or of receiving notice by registered mail, whichever is longer). Source: S.C. Code §§ 42-17-50, 42-17-60 |
| Deadline to challenge a denial | A claim must be filed with the Workers' Compensation Commission within two years after the accident (or death); later dates apply to some occupational disease and repetitive-trauma claims. A single commissioner hears the dispute. A party may ask the full Commission to review the award within 14 days of notice of the award, with a fee. A full Commission decision may be appealed to the South Carolina Court of Appeals within 30 days of the award or of receiving notice of it by registered mail, whichever is longer. Claim filing: https://www.scstatehouse.gov/code/t42c015.php |
| Retaliation for filing | An employer may not fire or demote an employee for filing, in good faith, a workers' compensation proceeding, or for testifying or being about to testify in one. A violating employer is liable in a civil action for lost wages, and the employee is entitled to reinstatement; the employee has the burden of proof. Employers have listed defenses (such as habitual absence, intoxication at work, or violating a written policy), and not keeping an employee who receives total permanent disability compensation is not a violation. Lawsuits must be filed within one year. Source: S.C. Code § 41-1-80 |
| Filing or checking a claim online | Report the accident to your employer immediately (no compensation is payable unless notice is given within 90 days). Even if your employer's representative reports the claim, you must file your own claim with the South Carolina Workers' Compensation Commission within two years of the accident on Form 50 (Form 52 for a workplace death). Filing a claim is free; a request for a hearing costs $50. Forms are downloadable from the Commission's website. Questions about filing: Claims Department, claims@wcc.sc.gov. Statutes: https://www.scstatehouse.gov/code/t42c015.php |
| Lawyer fees in comp cases | Attorney fees in South Carolina workers' compensation cases must be approved by the Workers' Compensation Commission (S.C. Code 42-15-90). Under the Commission's regulation, a contingent fee generally may not exceed 33.3% of the compensation; the client must sign a Form 61 agreeing to the fee after the attorney explains the total dollar amount to be deducted. Special rules apply: for example, uncontested death or lifetime-compensation claims are capped at $2,500, and the combined fee of all attorneys for one party may not exceed 33.3%. Statute: https://www.scstatehouse.gov/code/t42c015.php |
Lawsuits and uninsured employers
| Suing your employer | Generally no. When employer and employee are both under the Workers' Compensation Act, the worker's rights under the Act exclude all other rights and remedies against the employer for the injury or death. The statute does not bar claims against a subcontractor of the employer (or its employees) that caused the injury. An employer that fails to secure coverage loses this protection: the worker may sue it at law (see uninsured employer). Court-made exceptions, if any, were not reviewed. Source: S.C. Code §§ 42-1-540, 42-5-40 |
|---|---|
| Suing someone other than your employer | Yes. The worker may sue a third party (not the employer) and receive compensation regardless. The worker must sue within one year after the insurer accepts liability or pays under an award, and must notify the Commission, employer and insurer within 30 days of filing. The insurer has a lien on the recovery for compensation and medical paid or to be paid, less its share of costs and attorney fees (fees set by the Commission, up to one-third of the insurer's amount). If the worker does not sue within the year, the right can pass to the insurer after written notice. A settlement for less than the compensation owed, made without the insurer's written consent, is not valid against the insurer, and the Commission may reduce the lien when the recovery is less than the worker's total damages. Source: S.C. Code §§ 42-1-550, 42-1-560 |
| If your employer has no workers' comp | While an employer fails to secure required coverage, the injured worker may either claim compensation or sue the employer at law for damages, and the employer cannot use the common-law defenses listed in § 42-1-510. When the Workers' Compensation Commission finds an employer is uninsured, it notifies the Uninsured Employers' Fund, which pays or defends the claim and can place a lien on the employer's assets to recover what it pays. The employer can be fined $1 per employee per day (at least $10 and up to $100 a day), and willful refusal to insure is a misdemeanor punishable by a fine of $100 to $1,000, 30 days to six months in jail, or both. Fund: https://www.scstatehouse.gov/code/t42c007.php |
Where to get help in South Carolina
Workers' Compensation FAQ
Which employers must have workers' comp in South Carolina?
The workers' compensation law applies to employers that regularly employ four or more employees in the same business in South Carolina and had a total annual payroll of at least $3,000 in the previous calendar year. It does not apply to casual employees, agricultural employees, state and county fair associations (unless the employer elects coverage), railroads and railway express companies, federal employees, certain commission-paid real estate salespeople and agricultural product sellers, and certain owner-operator truck drivers. Exempt employers may voluntarily elect coverage.
How long do you have to report a work injury in South Carolina?
The injured worker must notify the employer immediately, or as soon as practicable, after the accident. No compensation is payable unless notice is given within 90 days after the accident or death, unless the worker has a reasonable excuse and the employer was not prejudiced. For repetitive trauma, notice is due within 90 days of when the worker discovered, or reasonably could have discovered, that the condition is compensable. The Commission advises reporting to a supervisor, manager or on-site nurse, since telling a co-worker may not count.
What is the deadline to file a workers' comp claim in South Carolina?
The right to compensation is barred unless a claim is filed with the Workers' Compensation Commission within two years after the accident (or two years after a death). For occupational diseases, the two years start when the worker is definitively diagnosed and told of the diagnosis. For repetitive trauma, the claim must be filed within two years after the worker knew or should have known the injury was compensable, but no more than seven years after the last injurious exposure. The Commission notes that the worker must file a claim even if the employer has already reported the injury.
Is there a waiting period for workers' comp in South Carolina?
No wage-loss compensation is paid for the first seven calendar days of disability. If the disability lasts more than 14 days, compensation is paid from the first day of disability. Medical benefits are not subject to the waiting period.
How much does workers' comp pay in South Carolina?
Temporary total disability is 66⅔% of the worker's average weekly wage, not more than the state average weekly wage for the preceding fiscal year, and not less than $75 a week (or the worker's actual average weekly wage if that is lower). Total disability benefits generally may not be paid for more than 500 weeks. Temporary partial disability is 66⅔% of the difference between pre- and post-injury average weekly wages.
What is the maximum workers' comp benefit in South Carolina?
The Commission's Compensation Rates page lists a maximum weekly compensation rate of $1,189.94 for accidents on or after Jan. 1, 2026 (it was $1,134.43 for 2025). The statutory minimum is $75 a week, or the worker's actual average weekly wage if lower.
Can you choose your own doctor for workers' comp in South Carolina?
In South Carolina, the employer has the right to choose the treating doctor, and the employer's insurer may not pay for treatment from a doctor the worker picks. The worker must accept the employer-provided medical care unless the Commission orders otherwise for good cause; refusing authorized treatment can suspend compensation. A worker who wants a different doctor can ask the employer's representative and, if refused, request a hearing before a commissioner. If the employer fails to provide care in an emergency, the Commission may order the employer to pay for another physician.
How does permanent disability work under workers' comp in South Carolina?
When treatment ends, the doctor may give an impairment rating. Permanent partial disability is paid as a percentage of loss of use of a body part, or a percentage of disability to the whole person, multiplied by a number of weeks set in the statute's schedule and the worker's compensation rate. Loss of both hands, arms, shoulders, feet, legs, hips or vision in both eyes (or any two) is total and permanent disability, generally paid for up to 500 weeks.
What workers' comp death benefits are available in South Carolina?
If an accident causes death (within two years, or within six years while total disability continues), wholly dependent survivors receive 66⅔% of the worker's average weekly wage, within the same minimum and maximum as disability benefits, for 500 weeks from the date of injury, less weeks already paid to the worker. Partial dependents receive a proportional share. The employer also pays burial expenses up to $12,000. A dependent files a Form 52 death claim.
How do you file a workers' comp claim in South Carolina?
Report the injury to your employer and ask to be sent to the employer's doctor. To protect your rights, file a Form 50 (injury claim) or Form 52 (death claim) with the Workers' Compensation Commission within two years; there is no charge to file a claim. If the claim was not reported, was denied, or benefits are not being paid, you can request a hearing on the Form 50 or 52, submitted to the Commission's Judicial Department with a $50 fee.
How do you appeal a denied workers' comp claim in South Carolina?
A single commissioner decides the hearing. A party may ask the full Commission (appellate panel) to review the award by applying within 14 days of notice of the award, with a filing fee. A full Commission decision can be appealed to the S.C. Court of Appeals within 30 days of the award (or of receiving notice by registered mail, whichever is longer).
Can you be fired for filing workers' comp in South Carolina?
An employer may not fire or demote an employee for filing, in good faith, a workers' compensation proceeding, or for testifying or being about to testify in one. A violating employer is liable in a civil action for lost wages, and the employee is entitled to reinstatement; the employee has the burden of proof. Employers have listed defenses (such as habitual absence, intoxication at work, or violating a written policy), and not keeping an employee who receives total permanent disability compensation is not a violation. Lawsuits must be filed within one year.
How long can you receive workers' comp in South Carolina?
Total disability compensation may not be paid for more than 500 weeks. The exception is a worker found totally and permanently disabled who, because of the work injury, is paraplegic or quadriplegic or has physical brain damage; that worker receives benefits for life. Partial disability compensation may not cover more than 340 weeks from the date of injury, and any earlier period of total disability is not deducted from that 340-week maximum. Scheduled losses (such as a hand or foot) are paid for set numbers of weeks under a separate schedule.
How do workers' comp settlements work in South Carolina?
Yes. An employee and employer may settle as long as the amount and the time and manner of payment follow the workers' compensation law. If both sides have attorneys, the employer files a copy of the settlement agreement with the Workers' Compensation Commission. If the employee has no attorney, the agreement must be filed with the Commission and approved by one commissioner. Separately, once weekly payments have run at least six weeks, the Commission may allow future payments to be converted to a lump sum it sets, if this is not against the employee's best interest; no total lump sum may be ordered for a worker entitled to lifetime benefits.
How do I file or check a workers' comp claim online in South Carolina?
Report the accident to your employer immediately (no compensation is payable unless notice is given within 90 days). Even if your employer's representative reports the claim, you must file your own claim with the South Carolina Workers' Compensation Commission within two years of the accident on Form 50 (Form 52 for a workplace death). Filing a claim is free; a request for a hearing costs $50. Forms are downloadable from the Commission's website. Questions about filing: Claims Department, claims@wcc.sc.gov.
How much can a workers' comp lawyer charge in South Carolina?
Attorney fees in South Carolina workers' compensation cases must be approved by the Workers' Compensation Commission (S.C. Code 42-15-90). Under the Commission's regulation, a contingent fee generally may not exceed 33.3% of the compensation; the client must sign a Form 61 agreeing to the fee after the attorney explains the total dollar amount to be deducted. Special rules apply: for example, uncontested death or lifetime-compensation claims are capped at $2,500, and the combined fee of all attorneys for one party may not exceed 33.3%.
Can you sue your employer for a work injury in South Carolina?
Generally no. When employer and employee are both under the Workers' Compensation Act, the worker's rights under the Act exclude all other rights and remedies against the employer for the injury or death. The statute does not bar claims against a subcontractor of the employer (or its employees) that caused the injury. An employer that fails to secure coverage loses this protection: the worker may sue it at law (see uninsured employer). Court-made exceptions, if any, were not reviewed.
Can you sue a third party for a work injury in South Carolina?
Yes. The worker may sue a third party (not the employer) and receive compensation regardless. The worker must sue within one year after the insurer accepts liability or pays under an award, and must notify the Commission, employer and insurer within 30 days of filing. The insurer has a lien on the recovery for compensation and medical paid or to be paid, less its share of costs and attorney fees (fees set by the Commission, up to one-third of the insurer's amount). If the worker does not sue within the year, the right can pass to the insurer after written notice. A settlement for less than the compensation owed, made without the insurer's written consent, is not valid against the insurer, and the Commission may reduce the lien when the recovery is less than the worker's total damages.
What if my employer doesn't have workers' comp insurance in South Carolina?
While an employer fails to secure required coverage, the injured worker may either claim compensation or sue the employer at law for damages, and the employer cannot use the common-law defenses listed in § 42-1-510. When the Workers' Compensation Commission finds an employer is uninsured, it notifies the Uninsured Employers' Fund, which pays or defends the claim and can place a lien on the employer's assets to recover what it pays. The employer can be fined $1 per employee per day (at least $10 and up to $100 a day), and willful refusal to insure is a misdemeanor punishable by a fine of $100 to $1,000, 30 days to six months in jail, or both.
How long do you have to appeal a denied workers' comp claim in South Carolina?
A claim must be filed with the Workers' Compensation Commission within two years after the accident (or death); later dates apply to some occupational disease and repetitive-trauma claims. A single commissioner hears the dispute. A party may ask the full Commission to review the award within 14 days of notice of the award, with a fee. A full Commission decision may be appealed to the South Carolina Court of Appeals within 30 days of the award or of receiving notice of it by registered mail, whichever is longer.
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