Workers Compensation in South Carolina
A workplace injury doesn’t just affect your body—it can derail your income, pile up medical bills, and leave you with an uncertain future. What happens if you’re unable to work for weeks or even months? How will you keep up with expenses while you recover?
South Carolina’s workers’ compensation system is designed to help injured employees get the medical care and wage replacement they need to stay financially stable during their recovery. But just because these benefits exist doesn’t mean the process is easy. Many workers face claim denials, delayed payments, or pressure to return to work before they’re fully healed.
If you were injured on the job, taking the right steps from the start can make all the difference. From getting proper medical care to ensuring your claim is filed correctly, knowing what to do can help you avoid costly mistakes and maximize your benefits.
This guide will walk you through South Carolina’s workers’ compensation process, what to expect after filing a claim, and why an attorney can help protect your rights.
Workers Compensation Statistics in South Carolina?
Workplace injuries and illnesses remain a concern for employees across South Carolina. In 2023, private-sector employers reported approximately 33,400 nonfatal workplace injuries and illnesses, with an incidence rate of 2.4 cases per 100 full-time employees, aligning closely with the national average.
Some industries in South Carolina see a significantly higher rate of workplace injuries:
- • Construction – With an injury rate of 3.9 per 100 workers, common hazards include falls from scaffolding, electrocutions, and heavy equipment accidents.
- • Manufacturing – An industry with an injury rate of 3.5 per 100 workers, where injuries frequently involve repetitive motion, exposure to hazardous materials, and machine-related incidents.
- • Healthcare and Social Assistance – With an incidence rate of 4.1 per 100 employees, frequent injuries stem from lifting and moving patients, exposure to infectious diseases, and slip-and-fall incidents.
How Does Workers Comp Work in South Carolina?
There is a standard procedure to follow when navigating the workers’ compensation process.
The details of the incident that caused the injury play a critical role. To qualify for benefits, the injury must have happened while you were performing your regular job duties.
South Carolina businesses with 4 or more employees are required to carry workers’ compensation insurance. This includes both full-time and part-time employees. According to The South Carolina Bar, if you have been injured or contracted an illness in the course of your occupation, you are entitled to medical benefits.
In addition to compensation for lost time, and permanent disability payments if you have suffered a permanent injury. To receive benefits for mental health in South Carolina, you must prove that the stress or mental health injury is extraordinary. Not a direct result of your work conditions.
Get Medical Attention
One of the biggest mistakes injured workers make is waiting too long to seek medical attention. Even if your injury seems minor at first, it’s crucial to get checked out immediately. Not only does this ensure you receive the care you need, but it also creates an official medical record linking your injury to your job—something insurance companies look for when reviewing claims.
In South Carolina, your employer’s insurance provider has the right to choose your treating physician. If you want to see a different doctor, you’ll need approval from your employer or their insurance company. However, if your treatment is inadequate, you may request a second opinion through the South Carolina Workers’ Compensation Commission (SCWCC).
To protect your claim:
- Report all symptoms to your doctor, even if they seem minor.
- Follow your treatment plan exactly as prescribed.
- Keep copies of all medical records, prescriptions, and treatment notes in case you need to dispute a denied claim.
If your employer refuses to provide medical care or denies the seriousness of your injury, consulting a workers’ compensation attorney can help ensure you receive proper treatment.
File a First Report of Injury
After getting medical care, the next critical step is filing your claim. South Carolina law requires injured workers to notify their employer within 90 days of an accident. However, the sooner you report your injury, the better—it prevents unnecessary delays and strengthens your case.
Once your employer is notified, they should file a First Report of Injury (Form 12A) with their workers’ compensation insurance provider and the South Carolina Workers’ Compensation Commission (SCWCC). If they fail to do so, you can file a Form 50 (or Form 52 for death benefits) directly with the SCWCC.
Key deadlines to remember:
- 90 Days – The timeframe for reporting an injury to your employer.
- Two Years – The deadline for filing a formal workers’ compensation claim. If you don’t take action within this period, you may lose your right to benefits.
If your claim is denied or you receive less compensation than expected, you have the right to request a hearing before the SCWCC. This process allows you to challenge the insurance company’s decision and present evidence supporting your claim.
In South Carolina, total disability benefits are capped at 500 weeks. You may be eligible to receive approximately 67% of your average weekly wage, which is generally calculated based on your earnings during the four quarters leading up to your injury.
Why You Should Hire a Workers’ Compensation Lawyer
Many workers assume they can handle a workers’ compensation claim on their own, but the reality is that insurance companies prioritize saving money over paying out claims. Even if your case seems straightforward, insurers may look for reasons to limit or deny benefits.
Consider hiring a workers’ compensation lawyer if:
- Your claim is denied or payments are delayed.
- Your employer argues that your injury wasn’t work-related.
- You’re not receiving proper medical care or are being pressured to return to work too soon.
- Your benefits are terminated before you’ve fully recovered.
- You have a permanent disability and need to secure long-term benefits.
A skilled attorney can:
- Handle all paperwork and ensure your claim is filed correctly to avoid mistakes that could result in denial.
- Negotiate with insurance companies to secure the maximum compensation possible.
- Represent you in hearings before the South Carolina Workers’ Compensation Commission.
- Advocate for additional benefits, such as long-term disability compensation or vocational retraining.
If your employer or their insurance carrier is making it difficult for you to get the benefits you’re entitled to, an attorney can help level the playing field.
Work With an Experienced Local Lawyer in South Carolina
Your health and well-being need to come first. If you are hurt while working or find out an illness you are suffering is the result of your job, you will want to seek compensation.
We can connect you with a local attorney or one across South Carolina state lines.
Submit a request online or call us at (866) 345-6784 to find a workers’ compensation lawyer today!
Still need to learn more? Check out some of our coverage on a different area of South Carolina law.
