What Are the Workers’ Compensation Benefits in South Carolina?
In South Carolina, workers’ compensation provides injured employees with access to medical care, wage replacement, disability benefits, and rehabilitation support after a job-related injury or illness. The system is designed to help employees recover without financial ruin, while also protecting employers from being sued in most cases. With Workers Compensation coverage liability of either party is not a factor as long as the injury was sustained in the line of work. In addition to Workers Comp, if a third party (party other than employer) was liable, the worker can make a claim against the third party after the Workers Comp claim is resolved.
Whether you live in Charleston, SC, or elsewhere in the state, understanding your rights under South Carolina’s workers’ compensation laws can ensure you get the benefits you’re entitled to after a workplace accident.
1. What Is Workers’ Compensation and Who Qualifies?
Workers’ compensation is an insurance program required by state law that provides benefits to employees who suffer work-related injuries or illnesses.
Who Is Covered in South Carolina?
Most employees in South Carolina are covered by workers’ compensation if:
- Their employer has four or more employees, full-time or part-time
- They are injured on the job or suffer a work-related illness
Independent contractors, some agricultural workers, and certain casual employees may not be covered. However, if you’re unsure about your classification, it’s best to consult a workers’ compensation attorney in Charleston, SC to protect your rights.
Common Types of Covered Injuries:
- Slips, trips, and falls
- Repetitive stress injuries (e.g., carpal tunnel)
- Machinery or equipment accidents
- Construction site injuries
- Exposure to harmful substances
- Work-related auto accidents
2. What Benefits Are Provided Through Workers’ Compensation in South Carolina?
South Carolina workers’ compensation covers all necessary medical treatment related to your injury. This includes:
- Doctor visits
- Hospital stays
- Surgery
- Physical therapy
- Prescription medications
- Medical equipment
However, keep in mind that your employer or their insurance company chooses the authorized doctor. If you go to your own doctor without approval, those costs may not be covered.
2. Temporary Total Disability (TTD) Benefits
If your injury prevents you from working for more than seven days, you may qualify for Temporary Total Disability (TTD) benefits. This is a wage replacement benefit designed to help you while you recover. In South Carolina:
- You’ll receive 66 2/3% of your average weekly wage
- Benefits begin after 7 days of missed work
- If you’re out of work for more than 14 days, you’re also paid for the first 7
The maximum weekly compensation rate is updated annually by the South Carolina Workers’ Compensation Commission.
3. Temporary Partial Disability (TPD) Benefits
If you’re able to return to work in a limited capacity and earn less than your previous wage, you may qualify for Temporary Partial Disability (TPD) benefits. This benefit helps bridge the gap between your previous income and your new, reduced earnings.
4. Permanent Partial Disability (PPD) Benefits
If your injury causes permanent damage to a specific body part (e.g., arm, leg, back), you may be entitled to Permanent Partial Disability payments. The amount is based on:
- The body part injured
- The percentage of impairment determined by a doctor
- Your average weekly wage
The state has a scheduled list that determines how many weeks of compensation are allowed per injured body part.
5. Permanent Total Disability (PTD) Benefits
If your injury leaves you totally and permanently disabled, you may qualify for Permanent Total Disability benefits.
This includes severe injuries such as:
- Loss of both hands, arms, feet, legs, eyes, or any combination
- Paraplegia or quadriplegia
- Traumatic brain injuries
PTD benefits are calculated at two-thirds of your weekly wage and can be paid for up to 500 weeks or for life in some cases.
3. Additional Benefits Available in South Carolina
Vocational Rehabilitation
If your injury prevents you from returning to your previous job, you may be eligible for job retraining or placement services. These services are designed to help you learn new skills or transition into a job that accommodates your physical limitations.
Mileage Reimbursement
South Carolina also allows injured workers to be reimbursed for travel expenses to and from authorized medical appointments. The mileage reimbursement rate is tied to the federal standard and is updated regularly.
If a worker is killed on the job, their dependents may receive:
- Two-thirds of the worker’s average weekly wage for up to 500 weeks
- Up to $12,000 for funeral and burial expenses
These benefits are typically paid to a surviving spouse, children, or other financial dependents.
4. What Isn’t Covered by Workers’ Compensation?
Workers’ compensation does not cover:
- Injuries that occur outside the scope of employment
- Injuries that result from intoxication, horseplay, or intentional self-harm
- Pain and suffering, which is not compensable under South Carolina’s workers’ comp laws
Additionally, emotional stress or mental health conditions are only covered if they are directly linked to a physical injury or traumatic event on the job.
5. Frequently Asked Questions (FAQs)
- Can I choose my own doctor for a workers’ comp injury in South Carolina?
No. Your employer (or their insurance company) has the right to choose the authorized medical provider. Treatment from an unauthorized doctor may not be covered.
2. Do I get paid if I miss work after an injury?
Yes—if you’re out for more than 7 days, you’re entitled to Temporary Total Disability (TTD) benefits, which are two-thirds of your average weekly wage.
3. How long can I receive workers’ compensation benefits?
It depends on your injury. TTD benefits can continue until you reach maximum medical improvement (MMI), while PTD benefits may be available up to 500 weeks or for life, depending on the severity.
4. Can I be fired for filing a workers’ compensation claim?
It is illegal for an employer to retaliate against an employee for filing a valid claim. If you believe you were wrongfully terminated or demoted, contact a workers’ comp attorney immediately.
Final Thoughts: Protecting Injured Workers Across South Carolina
Suffering a workplace injury can lead to stress, medical bills, and time away from work, but South Carolina’s workers’ compensation system exists to protect your rights and provide financial relief. Whether you’re dealing with a minor injury or a long-term disability, it’s crucial to understand what benefits you’re entitled to—and when to seek legal help.
At The Bill Connor Law Firm, we proudly represent injured workers in Charleston, South Carolina, and throughout the state. Attorney Bill Connor brings integrity, resilience, and sharp legal insight to every case. Recognized for his professionalism and trusted by clients across South Carolina, he helps injured workers navigate complex claims, challenge denied benefits, and pursue the compensation they rightfully deserve.
If you’ve been injured on the job and have questions about your rights under workers’ comp laws, contact Bill Connor Law Firm today to schedule a consultation. We’ll stand with you every step of the way.
