Filing a Worker’s Compensation Claim in South Carolina:

Report all injuries at work to your employer immediately and request medical treatment, if needed.  If you neglect to report the injury within 90 days of the accident you may lose your benefits.

Although you must report the injury within 90 days, you have up to two years to file a claim for benefits.  If a worker dies because of work-related injuries, the worker’s dependents, or parents if there are no dependents, must file a claim within two years of the death to claim benefits.

You may personally file a claim if your employer does not report your accident, denies your injury by accident, or if you believe you did not receive all of your benefits.

To file a claim you must submit a Form 50 or Form 52 to the Commission.  If you are unable to download these forms please contact the Commission’s Claims Department at (803) 737-5723 (803) 737-5723 to request the forms be mailed to you.

When filing a claim on a Form 50 or Form 52, mark the box at the signature line which states "I am filing a claim.  I am not requesting a hearing at this time."

South Carolina Worker’s Compensation Treatment:
You are entitled to all necessary medical treatment that is likely to lessen your disability. Workers' compensation generally pays for surgery, hospitalization, medical supplies, prosthetic devices, and prescriptions. Keep in mind that in order to receive these benefits you must go to the doctor chosen by your employer or its insurance representative.

Although the employer has the right to select the physician to treat your injuries, you can request a second opinion if you disagree with the doctor's opinion or treatment plan. When this occurs, you can request a second opinion. If this is denied, a request for additional medical treatment can be made to the Workers' Compensation Commission or the injured employee can obtain an independent medical examination. Obviously, selection of the right doctor is an important component in a person's recovery. Additionally, a doctor determines the type of work the employee can do while undergoing treatment and the level of permanent impairment the employee has sustained as a result of the accident.

South Carolina Worker’s Compensation Benefits:
Full medical benefits are provided to employees entitled to worker's compensation benefits, with no time or monetary limits. The employer selects the physician who will provide care.

Payments are made for temporary total disability (TTD) in an amount determined by a percentage of the worker's wage, subject to a weekly maximum payment amount. Payments may continue for up to 500 weeks.

Payments are made for permanent total disability (PTD) based upon a percentage of the worker's wage, subject to a weekly maximum payment amount. Payments for PTD may continue for up to 500 weeks.

Payments for permanent partial disability (PPD) are made based upon a percentage of the worker's wage, subject to a weekly maximum payment amount. Payments for PPD may continue for up to 340 weeks.

Scheduled awards are paid in addition to total temporary disability benefits starting upon termination of the termination of the TTD benefits. Scheduled awards are not reduced because of receipt of TTD benefits.

Benefits may be available for serious and permanent disfigurement of the face, head, neck, or other areas normally exposed in employment.

Physical rehabilitation benefits are covered under medical services. Vocational rehabilitation benefits are available.

With certain constraints and filing deadlines, occupational hearing losses may be compensable.

Death benefits are payable to an employee's surviving spouse, or spouse and children, based upon a percentage of the employee's wages, subject to a cap. A burial allowance is available.

South Carolina Worker’s Compensation Waiting Period:
The waiting period for compensation is 7 days.

Compensation is retroactive if disability continues for more than 14 days from the date of the injury.

South Carolina Worker’s Compensation Contact Information:
Gary R. Thibault, Exec. Dir.
Workers’ Compensation Commission
1612 Marion Street
P. O. Box 1715
Columbia, SC 29202-1715
 (803) 737-5700  (803) 737-5700
(Contact: Janet Godfrey Griggs)
(Second Injury – Mike Harris)

NOTICE: These questions and answers concern South Carolina law only, and should not be construed nor relied upon as reflecting the law in other States, nor as giving legal advice. You are warned that circumstances often vary greatly and that, due to changing decisions and law, the answers to these questions may change over time and not be current, and you should consult an attorney in any specific case, and NOT rely on these questions and answers as giving anything other than general information.