Understanding Workers’ Compensation in South Carolina
Workers’ compensation is a state-mandated insurance system designed to protect employees who suffer job-related injuries or illnesses. In South Carolina, nearly every employer with four or more employees is required by law to carry workers’ compensation insurance.
If you’re injured on the job in Charleston, Orangeburg, or anywhere in South Carolina, workers’ comp may cover your medical expenses, lost wages, and other benefits—without requiring you to prove your employer was at fault.
1. What Does Workers’ Compensation Cover?
South Carolina workers’ compensation benefits typically include:
- Medical Treatment – Doctor visits, surgery, physical therapy, medications, and hospital stays
- Temporary Total Disability (TTD) – Partial wage replacement if you’re unable to work during recovery
- Permanent Disability Benefits – If your injury causes long-term or permanent impairment
- Vocational Rehabilitation – Job retraining if you can’t return to your former job
- Death Benefits – Financial support for the surviving family of a worker killed on the job
Note: All treatment must be authorized by the employer or their insurance provider. If you go to a doctor not approved by them, your expenses may not be covered.
2. How Do You File a Workers’ Comp Claim in South Carolina?
Filing a claim is a time-sensitive process. Here’s how it works:
Step 1: Report the Injury
- You must notify your employer within 90 days of the accident or injury.
- The sooner you report it, the better. Delays can hurt your claim.
Step 2: Seek Medical Attention
- Your employer will direct you to an approved medical provider.
- Follow all medical advice and attend scheduled appointments.
Step 3: Employer Files the Claim
- Your employer or their insurer must file Form 12A with the South Carolina Workers’ Compensation Commission (SCWCC).
Step 4: Monitor Your Benefits
- If your claim is accepted, you’ll begin receiving benefits shortly after missing seven consecutive days of work.
- If it’s denied or disputed, you may need to attend a hearing.
3. What If Your Workers’ Comp Claim Is Denied?
If your claim is denied, don’t give up—you still have options:
- Request a Hearing – File Form 50 or Form 52 with the SCWCC
- Attend a Mediation or Hearing – A commissioner will hear both sides and issue a ruling
- Appeal the Decision – If you disagree with the outcome, you can appeal to the SC Court of Appeals
This process can be complicated, and the insurance company will have attorneys working on their behalf. It’s critical to have experienced legal representation to fight for your rights.
4. Common Issues in South Carolina Workers’ Comp Cases
Even when the law is clear, many workers face challenges:
- Claim Delays or Denials – Often due to incomplete paperwork or employer disputes
- Low Benefit Calculations – Disagreements about how much compensation you’re owed
- Denied Medical Treatments – When insurers refuse to approve procedures or specialists
- Retaliation by Employers – It is illegal for an employer to punish you for filing a claim
An attorney can help ensure you get the full benefits you’re entitled to and protect you from unfair treatment.
5. Types of Injuries Commonly Covered by Workers’ Comp
Not all workplace injuries happen in a single dramatic moment. South Carolina workers’ compensation covers a broad range of injuries and conditions:
- Traumatic injuries – Falls, machinery accidents, vehicle collisions on the job
- Repetitive motion injuries – Carpal tunnel, tendonitis, or back strain from repeated movements
- Occupational illnesses – Exposure to hazardous substances or unsafe environments
- Mental health issues – PTSD or stress-related disorders due to job trauma (in some cases)
If you’re unsure whether your injury qualifies, an attorney can help evaluate your claim.
6. Your Employer’s Responsibilities Under the Law
In South Carolina, employers must:
- Carry valid workers’ compensation insurance (if they have 4+ employees)
- Promptly report injuries to their insurance provider and the SCWCC
- Provide access to approved medical providers
- Avoid retaliating against employees who file a claim
Failure to meet these responsibilities can result in legal penalties for the employer and increase the chances of a successful claim or appeal.
7. How to Document Your Injury to Strengthen Your Claim
Strong documentation can make or break your case. Here’s how to protect yourself:
- Take notes – Write down what happened, when, where, and who was present
- Save records – Keep copies of all medical reports, prescriptions, and bills
- Take photos – Document visible injuries and the scene of the accident if possible
- Report consistently – Ensure all descriptions of the injury match across medical, employer, and insurance records
- Track missed work – Keep a log of days missed and any reduced work hours
8. Post-Injury Checklist for South Carolina Workers
Here’s a helpful list of what to do if you’re hurt on the job:
✅ Notify your employer immediately (in writing, if possible)
✅ Ask who the authorized medical provider is
✅ Attend all medical appointments and follow your doctor’s orders
✅ Keep track of all expenses and work restrictions
✅ Contact an attorney if your claim is delayed, denied, or disputed
9. Can You Sue Your Employer for a Workplace Injury?
In most cases, no. Workers’ compensation is considered an “exclusive remedy” in South Carolina, which means:
- You cannot sue your employer for negligence in civil court
- You can receive benefits regardless of who was at fault
However, there are exceptions. You may be able to file a lawsuit if:
- A third party (not your employer) caused your injury
- Your employer acted intentionally or with gross negligence
A skilled attorney can help determine whether you have grounds for additional legal action.
10. Frequently Asked Questions (FAQs)
➤ How long do I have to file a workers’ comp claim in South Carolina?
You must notify your employer within 90 days, but you have up to two years from the date of injury to file an official claim with the SCWCC.
➤ How much will I receive in wage replacement?
Generally, 66.67% of your average weekly wage, up to the state’s maximum limit.
➤ What if I can return to work but only in a limited capacity?
You may qualify for Temporary Partial Disability (TPD) benefits if you return to work at reduced pay or hours.
➤ Do I need a lawyer for a workers’ comp claim?
Not always—but it’s highly recommended if your claim is denied, your benefits are delayed, or your injury is serious. Having a lawyer can significantly improve your chances of receiving full and fair compensation. In almost all cases, the lawyer will not require payment but will request one-third of the lump sum payment from Worker’s Comp insurance after all covered treatment has reached maximum medical improvement and a disability rating is assigned. The lump sum is based on the body part(s) and level of disability and a lawyer is critical to receiving the highest lump sum possible.
Final Thoughts: Protect Your Rights After a Work Injury
Workers’ compensation can provide vital financial and medical support after a workplace injury—but the process can be frustrating, confusing, and filled with red tape.
At The Bill Connor Law Firm, we guide injured workers in Charleston, Orangeburg, and throughout South Carolina through every step of the claims process. From filing paperwork to attending hearings, we fight for the benefits you deserve.
Attorney Bill Connor is known for providing steady, strategic legal guidance rooted in integrity and professionalism. With a proven track record in litigation and a deep commitment to serving others, he helps clients navigate complex legal challenges with clarity and confidence.
Contact us today for a confidential consultation and get the support you need to move forward with confidence.
