What Is Workers’ Compensation?
Workers’ compensation is a no-fault insurance product that provides benefits to employees who are injured on the job while working within the course and scope of their employment. Workers’ compensation insurance provides payment for injuries stemming from accidents, occupational illness, and repetitive motions. It covers physical and mental workplace injuries. Injured workers receive weekly payments that replace a portion of their wages, as well as medical benefits.
To receive workers’ compensation benefits, injured workers must carefully follow the workers’ compensation claim process.
South Carolina Workplace Injury Statistics
Workplace injuries are a serious and ongoing problem across South Carolina — affecting workers in manufacturing plants, construction sites, healthcare facilities, warehouses, and offices throughout the state.
Private industry employers reported 28,000 nonfatal workplace injuries and illnesses in South Carolina in 2024, according to the U.S. Bureau of Labor Statistics (BLS). This resulted in a total recordable case (TRC) incidence rate of 1.7 cases per 100 full-time equivalent workers. Of those 28,000 cases, 17,500 were of a more severe nature, involving days away from work, job transfer, or work restriction while recuperating. Trade, transportation, and utilities, along with manufacturing, together account for just 37 percent of South Carolina’s employment but generate 50 percent of all reported workplace injuries and illnesses.
Nationally, 5,070 fatal work injuries were recorded in the United States in 2024, a 4.0 percent decrease from 5,283 in 2023, at a rate of 3.3 fatalities per 100,000 full-time equivalent workers. Private industry employers reported 2.5 million nonfatal injury and illness cases in 2024, down 3.1 percent from 2023.
South Carolina’s workforce spans a wide range of industries, each with its own hazard profile. Workers on construction sites in Charleston, Columbia, and Greenville face daily risks from falls and equipment. Warehouse and distribution workers near the I-26 and I-77 corridors face forklift and lifting injuries. Farmworkers in the Pee Dee region and agricultural counties face heat, equipment, and pesticide exposure risks. No matter where in South Carolina you work or what you do, if you are injured in the course of your employment, our South Carolina workers’ compensation attorneys are here to help.
Who Qualifies for Workers’ Compensation in South Carolina?
Most South Carolina workers are covered by workman’s comp insurance, including full-time and part-time employees. Most employers in South Carolina are required to maintain workers’ compensation insurance except:
- Companies with four or fewer employees
- Companies with annual payrolls of less than $3,000
- Agricultural employers of employees excepted under Farm Labor Laws
- Employers of railroad employees exempt under the Federal Employers Liability Act
Workers’ compensation insurance provides coverage for employees, so independent contractors are generally not covered under this type of insurance. General contractors are required to maintain workers’ compensation insurance.
Other common industries that may be covered include:
Common Causes of Workplace Injuries
No matter how “safe” a job might seem, people can still get hurt on the job. Some of the most common workplace injuries are caused by:
- Motor vehicle accidents
- Overexertion
- Falls, slips, and trips
- Workplace violence
- Exposure to harmful substances, chemicals, or hazardous environments
- Contact with objects
- Repetitive trauma
- Fires and explosions
- Post-traumatic stress (PTSD)
- Electrical shock and burn injuries
Occupational Diseases and Illnesses Covered by South Carolina Workers’ Compensation
North Carolina workers’ compensation covers not only sudden traumatic injuries but also occupational diseases and illnesses that develop gradually due to workplace exposures.
Under S.C. Code § 42-11-10, an occupational disease is defined as a disease that “arises out of and in the course of employment” and is due to causes and conditions that are “characteristic of and peculiar to” a particular trade, occupation, or employment.
Common occupational diseases and conditions covered under South Carolina workers’ compensation include:
- Mesothelioma and other asbestos-related diseases
- Occupational respiratory illnesses (asbestosis, silicosis, occupational asthma)
- Noise-induced hearing loss
- Repetitive motion injuries (carpal tunnel syndrome, tendinitis, rotator cuff injuries)
- Occupational dermatitis and skin conditions from chemical exposure
- Certain occupational cancers linked to workplace carcinogens
For occupational diseases, the two-year statute of limitations to file a claim does not begin on the date of exposure. Instead, it starts on the date the worker knew or reasonably should have known that the disease was work-related (typically the date of definitive diagnosis and notification).
If you have been diagnosed with a condition you believe is related to your work environment, it is important to speak with an experienced workers’ compensation attorney promptly to protect your rights and meet all filing deadlines.
How the South Carolina Workers’ Compensation Claim Process Works
Understanding the step-by-step claim process helps injured workers protect their rights and avoid costly procedural mistakes:
- Step 1 — Report your injury. South Carolina law requires injured workers to notify their employer of a workplace injury within 90 days of the accident or the discovery of an occupational disease, under S.C. Code § 42-15-20. Failure to report within 90 days can permanently forfeit your right to benefits. Always report in writing and keep a copy.
- Step 2 — Seek authorized medical treatment. Your employer and their insurer have the right to direct you to an authorized treating physician under S.C. Code § 42-15-60. Do not seek treatment from an unauthorized provider without prior approval, as those costs may not be covered. If you believe the authorized physician is not treating you appropriately, an attorney can help you request a change of physician through proper channels.
- Step 3 — File your claim. Your employer is required to report the injury to their insurance carrier. The carrier then files the appropriate forms with the SCWCC. If the claim is accepted, benefits begin. If it is denied, you must file a Form 50 (Employee’s Initial Request for Hearing) with the SCWCC to challenge the denial.
- Step 4 — Receive medical treatment and wage benefits. Once your claim is accepted, your authorized medical care is covered, and your weekly wage replacement benefits begin. These benefits continue until you reach maximum medical improvement (MMI).
- Step 5 — Reach maximum medical improvement and receive an impairment rating. When your condition stabilizes, your authorized physician will declare MMI and assign a permanent impairment rating. This rating determines the amount of permanent disability compensation you may receive.
- Step 6 — Negotiate a settlement or proceed to a hearing. If you and the insurer cannot agree on a settlement, a hearing before an SCWCC Commissioner will resolve the dispute. At the hearing, both sides present evidence, and the Commissioner issues a binding order.
- Step 7 — Appeal if necessary. Either party may appeal the Commissioner’s order to a panel of SCWCC Commissioners, then to the Circuit Court, and ultimately to the South Carolina Court of Appeals.
What Does Workers’ Compensation Cover in South Carolina?
Workers’ compensation benefits in South Carolina include the following:
Medical Care
South Carolina workers’ compensation covers the full cost of necessary treatment-related medical expenses. Medical benefits might include payment for:
- Hospital treatment expenses
- Doctor’s visit expenses
- Prescription costs
- Mileage to visit the doctor
Partial Disability
If workplace injuries cause the worker to miss time from work, they may be able to receive partial income replacement benefits. These benefits are calculated based on the employee’s average weekly wage for the last four quarters, subject to the state maximum.
If the worker is injured and unable to perform their regular job duties, they may be assigned to light work. Partial disability benefits are equal to two-thirds of the difference between the current wages while the worker is on restricted duties and their average weekly wage before the injury.
Total Disability
In cases that involve serious injuries or death, permanent disability benefits may be paid. If the injured worker is unable to return to work, they can receive two-thirds of their average weekly wage, for up to 500 weeks. Some injuries like paralysis or brain damage pay out lifetime benefits.
If the workplace accident was fatal, the family may receive reimbursement for burial expenses. Additionally, they may receive two-thirds of their loved one’s average weekly wage, for up to 500 weeks.
What Benefits Are Available Through Workers’ Compensation?
If you were hurt in an accident on the job, your injuries and associated expenses may be covered by workers’ compensation. Call our injury compensation law firm to find out if you could be eligible to claim financial benefits. No matter how “safe” a job might seem, people can still get hurt on the job.
Some of the most common workplace injuries are caused by:
- Medical treatment, including reimbursement for mileage to visit the doctor or pick up prescriptions
- Partial replacement of lost wages
- Permanent disability
- Physical impairment (including loss of limbs)
- Disfigurement
In the most severe workplace accidents that result in death, workers’ comp benefits may provide surviving family members with death benefits.
Employer Retaliation for Filing a Workers’ Compensation Claim
South Carolina law expressly prohibits employers from firing or otherwise discriminating against an employee for filing a workers’ compensation claim. Under S.C. Code § 41-1-80, an employer who discharges or demotes a worker in retaliation for pursuing workers’ compensation benefits may be held liable for wrongful termination.
Signs of possible employer retaliation include:
- Being terminated or laid off shortly after filing a workers’ compensation claim
- Being demoted, transferred, or having hours cut following the injury or claim
- Being subjected to heightened scrutiny or negative performance reviews that did not exist before the injury
- Being pressured to return to full duty before medical clearance
If you believe your employer has retaliated against you for filing a workers’ compensation claim, contact Stewart Law Offices immediately. The time to act is short, and delay can compromise your ability to pursue a retaliation claim.
How Long Do Workers’ Compensation Benefits Last in South Carolina?
Following your injury event, your employer’s workers’ comp policy should pay you 66.67% of your average weekly pay up to a limit, according to the South Carolina Workers’ Compensation Commission.
If you sustain an injury that causes lasting impairment, a doctor will determine whether you may qualify to receive permanent disability benefits. If you’re an injured worker who has been permanently disabled, you will be assigned a disability rating or whole-person impairment rating by the doctor. That personal impairment or disability rating will be used to determine the compensation you’re entitled to from the insurance company.
If your injury prevents you from ever working again, you could be eligible to receive disability benefits for the rest of your life. Phone our South Carolina workers’ comp law firm to find out more about becoming one of our clients.
The South Carolina Workers’ Compensation Lawyers at Stewart Law Offices Can Help You
Workers’ compensation benefits are supposed to provide payment to people who are injured in workplace-related accidents. However, the process to obtain benefits is often complex. Injured workers may have their claims disregarded, delayed, or denied if they do not follow the proper protocol.
Once a workers’ compensation claim is filed, the employer’s workers’ compensation insurance carrier will investigate the claim and determine whether they believe the injury is covered by the policy. However, it is important to note that insurance companies are often very strategic about minimizing payouts while maximizing the premiums they receive. This is how they make their money.
When a person is injured in a workplace accident or otherwise suffers occupational injuries, they must be represented by a workers’ compensation lawyer who is knowledgeable about workers’ compensation law and the insurance company. Workers’ compensation attorneys stand up for the rights of their clients and seek full benefits on behalf of injured workers.
Our South Carolina workman’s comp lawyers are prepared to help you navigate the complex workers’ compensation claims process by:
- Investigating the accident
- Identifying all responsible parties and determining whether a third-party claim can be filed
- Collecting evidence to support your case
- Handling communication with the insurance company
- Negotiating fair compensation for your workplace injuries
- Abiding by South Carolina’s worker’s compensation timelines
What If the Workers’ Comp Claim Is Denied?
If your workers’ comp claim is contested or denied by your employer’s insurance provider, you’ll want to immediately seek legal assistance. Your attorneys can draft and file a Form 50 with the Workers’ Compensation Commission. A Form 50 will include the following details: all parties involved in the injury accident, a description of the accident, the name and role of the individual to whom the accident was reported, the extent of the injury, and the treatment required.
Your employer’s insurance carrier will submit a Form 51. Form 51 details the accidental injury event from their perspective and makes a case for why the insurance claim is invalid.
Once they have heard from both parties involved in the claim, the Workers’ Compensation Commission will assign the matter to an individual Commissioner.
Workers’ compensation insurance carriers may deny claims for a variety of reasons, such as:
- They claim the injury did not occur on the job; ex: injuries on lunch breaks
- They dispute the severity of the injury
- They claim the worker did not provide proper notice to their employer
- They claim there is a lack of evidence
The letter you receive should state the reason for the denial. Carefully review this letter. If you disagree with it, reach out to a workers’ comp attorney from our law firm who can help you with the appeals process.
The Appeals Process
This process involves a hearing in front of one of the South Carolina workers’ compensation commissioners. At the hearing, you will be able to present evidence to support your workers’ compensation claim. There are multiple levels of appeal. Your lawyer can explain whether you have grounds to file an appeal.
The Commissioner assigned to your case will review each submission and schedule a hearing.
South Carolina hearings are typically scheduled to take place within five months of the involvement of the Workers’ Compensation Commission. At the hearing, each side will present their case along with supporting evidence. The physician who treated your injury will likely provide a medical testimony – essentially their professional assessment of your injury at the time you were treated. Similarly, the insurance carrier will submit any records or evidence supporting their case.
Based on the reports and hearing, the Commissioner will make a legal ruling that outlines the benefits you are entitled to receive as a result of the injury. Either party can appeal this decision.
Appeals are subject to a joint review that will be conducted by a panel of the Workers’ Compensation Commissioners in your jurisdiction. Following the order issued after this committee review, any additional appeals will be referred to the relevant Circuit Court, and then the state Court of Appeals.
Statute of Limitations for South Carolina Workers’ Compensation Claims
Two key deadlines govern South Carolina workers’ compensation claims:
- 90-Day Reporting Deadline: Under S.C. Code § 42-15-20, you must notify your employer of a workplace injury within 90 days of the accident or the discovery that a condition is work-related. Missing this deadline can permanently bar your right to benefits.
- Two-Year Filing Deadline: Under S.C. Code § 42-15-40, injured workers have two years from the date of injury to file a claim with the South Carolina Workers’ Compensation Commission. For occupational diseases, the two-year period generally begins when the worker knew or should have known that the condition was work-related.
These deadlines are strictly enforced. Do not wait to seek legal advice after a workplace injury. Contact Stewart Law Offices as soon as possible to ensure every deadline is met and every benefit is preserved.
What to Do if You’ve Been Hurt on the Job in South Carolina?
Your priority should always be your health and well-being. If your injury is serious, you need to seek emergency treatment immediately. You can report the injury to your employer once you are in a stable condition and out of immediate medical jeopardy.
If your injury is minor enough that it does not require immediate medical attention, you’ll need to report the injury to your employer before seeking medical treatment. That’s because your employer has the right to refer you to a medical professional of their choice for evaluation and treatment.
Choosing a doctor on your own without receiving your employer’s permission could absolve your employer of the responsibility to cover the medical costs associated with your evaluation and treatment.
If you experience an injury that seems minor, it is crucial that you still seek treatment and file a claim. An injury may seem insignificant at the time it occurs but may become complicated over time.
It’s also important to keep in mind that you will need to report any workers’ compensation-related injury to your employer within 90 days. If you do not report your injury within 90 days, you risk missing out on the benefits that you are entitled to.
We understand that you may have many more questions about Workers’ Compensation. Please remember to phone our attorneys. We are here to help.
Our legal team includes Brent Stewart, a South Carolina Bar-licensed attorney and founder of Stewart Law Offices with more than 30 years of experience representing injured workers. He remains actively involved in workers’ compensation matters, ensuring each case is handled carefully and each client feels supported and at ease throughout the process. 