South Carolina workers’ compensation laws allow injured employees to claim benefits. It’s a no-fault system meant to work faster than filing a claim in court. Bobby Jones Law represents injured workers in South Carolina workers’ compensation claims.
According to the U.S. Bureau of Labor Statistics, 28,000 private industry workers were injured in South Carolina in 2024. These injured workers need to know that South Carolina workers’ compensation laws protect them.
Our experienced Greenville workers’ compensation lawyer at Bobby Jones Law explains South Carolina workers’ compensation laws.
Who Is Covered Under SC Workers’ Compensation Laws?
You may be covered under SC workers’ compensation laws if:
- You’re an employee (as opposed to an independent contractor, vendor, or self-employed).
- An injury occurs by accident, arising out of and in the course of employment.
- You are not disqualified for benefits for any reason, such as intoxication or willful intent to cause harm.
- The case falls under South Carolina laws.
Workers’ compensation laws vary by state, with a separate system for U.S. federal employees. A claim usually falls under South Carolina law when the employee works in the state. But South Carolina allows injured workers to claim benefits in other situations, such as when the employment agreement was made in the state, or the injury occurs while traveling.
Reporting Deadlines for Workplace Injuries in South Carolina
There are several deadlines that apply to workplace injuries in South Carolina. A claim starts by reporting the injury. The report goes first to the employer.
Chart – South Carolina Workers’ Compensation Deadlines
| Action | Deadline | How to Do It |
| Report the injury | Immediately, or as soon thereafter as practicable, always within 90 days of the accident or death. | Tell the employer about the injury. Tell a supervisor or human resources. |
| Protect the right to benefits | Two years after the accident or date of death | File Form 50 (injury) or Form 52 (death) with the SC WCC. |
| Full commission review | 14 days after the commission decision | File Form 30 (Request for Commission Review) with the SC WCC. |
| Court of Appeals review | 30 days after the commission decision | File Notice of Appeal with the court, serve it on opposing parties, and pay the filing fee. |
While reporting the injury to the employer in writing, including email, is not technically required, it’s always the best practice to document that you reported it. In this case, the employer cannot dispute having received notice. Your employer might fill out an injury report and give you a copy.
Note: There are other timelines and deadlines that apply under South Carolina workers’ compensation law. For example, there are deadlines for completing mediation and for submitting the pre-hearing brief and other documents.
What Benefits Are Available Under SC Workers’ Compensation Law?
There are three primary categories of benefits under SC workers’ compensation law:
Medical benefits
The employer must provide medical treatment to cure, relieve, or shorten the period of disability. Care may include medical, surgical, and hospital care, as well as supplies. In addition, the person may receive reimbursement for medical travel expenses. Vocational rehabilitation services may be available.
Wage loss benefits
Wage loss provides replacement compensation when an employee can’t work because of a workplace injury. Benefits are payable at 66 2/3% of pre-injury wages, subject to a maximum amount. There is a seven-day waiting period, but the first seven days become payable if disability lasts more than 14 days.
Disability benefits
Disability benefits compensate the injured worker for permanent impairment. Although South Carolina workers’ compensation laws don’t award pain and suffering, they do provide benefits when a worker doesn’t fully recover from injuries.
Your rights under the workers’ compensation law in South Carolina
Sometimes, the injured worker receives workers’ compensation benefits periodically, as they qualify. However, you may also negotiate a lump sum settlement.
South Carolina workers’ compensation law gives workers the flexibility to resolve their claims through a negotiated settlement. A lawyer can evaluate if a settlement is right for you. Your lawyer can negotiate a settlement based on your circumstances and case goals.
How Disputes Are Handled by the SC Workers’ Compensation Commission
If you disagree with how your employer is paying workers’ compensation benefits, you can take the case to the SC Workers Compensation Commission (SCWCC). The Commission hears disputes. Disputes can arise over any of the different issues in a case, such as whether you are entitled to benefits, wage calculation, and more.
Disputes are common, as employers don’t like paying workers’ compensation benefits. The Commission can overrule the employer and order them to pay. The individual who wants the hearing must request it. The SC WCC requires mediation for many disputed issues. They allow negotiated resolutions, but the Commission can resolve disputes with enforceable orders.
When You Can Appeal a Workers’ Compensation Decision
You can appeal a workers’ compensation decision by filing the appeal with the Commission or the courts, depending on the stage of the case. When you appeal, it’s important to understand the reasons that your claim was denied. This understanding can help you present your case effectively.
The timeline for a hearing depends on the exact issue in dispute and the stage of the case. A lawyer can represent you at any stage.
Understanding South Carolina Workers’ Compensation Law
South Carolina workers’ compensation law is found in S.C. Code Title 42 – Workers’ Compensation. The South Carolina Workers’ Compensation Commission administers the law. Claims start with reporting to the employer’s insurance. If a claim continues to be disputed after administrative hearings, a party may seek a remedy in the South Carolina Court of Appeals.
Note: Higher courts review administrative proceedings for errors in law or judgment. They don’t hear cases de novo, or from scratch. That makes it extremely important to present strong evidence at the initial stages of the hearing. You may have a lawyer in the entire workers’ compensation process.
Contact an Experienced Greenville Workers’ Compensation Lawyer
South Carolina workers’ compensation laws provide welcome relief for injured workers. If you’ve been injured, we invite you to contact an experienced Greenville workers’ compensation lawyer.
Bobby Jones Law represents injured workers in Greenville and the surrounding areas. We understand the laws, and we fight for our clients. Call or message us now.
