southCarolina Workers' Compensation: Fast Facts
Coverage Requirements Under South Carolina State Law
Most South Carolina businesses with at least 4 employees must carry workers' compensation insurance. This includes all full-time and part-time workers, including family members (even if you don't pay relatives that you employ). See a list of employees automatically exempt from this coverage requirement below.
Work-Related Injury or Illness Reporting Requirements
Report your on-the-job injury or illness to your manager immediately and ask which doctor you should go to for treatment. Failing to report it to your employer within 90 days could disqualify you from getting South Carolina workers' compensation benefits.
Where to Seek Medical Care
South Carolina law gives your employer the right to choose your workers' comp treating physician. So, be sure to ask which doctor you can see before you seek medical care unless it's a life-threatening emergency. If you need urgent medical attention, go to the nearest ER or hospital first. If you see your doctor or an unauthorized provider without prior approval, you'll have to pay those medical bills yourself.
Waiting Period for Lost-Wage Benefits in South Carolina
Your first 7 days off are always unpaid unless you're out for at least 2 weeks total after your incident. Once you need at least 15 days off to recover, workers' comp pays for your first week of missed work. If you don't need at least a week off after your accident, then workman's comp only covers medical expenses.
South Carolina Workers' Compensation Statute of Limitations
You have two years from your work injury or illness diagnosis date to file for South Carolina workers' compensation.
South Carolina Weekly Compensation Rate
You can receive 66 2/3% of your gross average weekly wage (AWW), subject to the state's maximum and minimum benefit amounts.
How Long You Can Receive South Carolina Workers' Comp Benefits
- Medical benefits: until you reach maximum medical improvement or for up to 12 months after reaching a settlement agreement to close your claim if your injury or health condition worsens
- Death benefits: up to $12,000 for funeral and burial expenses, plus 2/3 of the deceased worker's AWW paid for up to 500 weeks to eligible survivors
- Temporary Total Disability (TTD): until you return to work, or negotiate a lump-sum settlement after you receive 6 months of TTD payments
- Permanent Partial Disability (PPD):up to 340 weeks
- Temporary Partial Disability (TPD):66 2/3% of the difference between your pre-injury and post-injury AWW, for up to 340 weeks
- Permanent Total Disability (PTD): no more than 500 weeks; however, people with certain qualifying catastrophic injuries can get TTD benefits for life
South Carolina Workers' Comp Coverage Exemptions
The following employees are automatically exempt from South Carolina workers' compensation coverage requirements:
- Agricultural laborers and product sellers
- Casual workers
- Certain real estate agents paid on a commission-only basis
- Federal employees
- Independent contractors
- LLC members
- Partners
- Railroad and railway express company workers
- Sole proprietors
- State and county fair association employees
- Workers employed by businesses with less than $3,000 in combined annual payroll
South Carolina Workers' Compensation Attorney Fees
All South Carolina workman's comp attorneys work on contingency. This means you only pay legal fees when you win. If you don't win, then you pay your lawyer $0. South Carolina workers' compensation lawyers cannot charge more than 33% of your settlement amount in legal fees
