How do I file a workers' compensation claim in South Carolina?

South Carolina workers' comp is governed by S.C. Code Title 42, administered by the SC Workers' Compensation Commission.

1. Coverage

Required for employers with 4 or more employees (S.C. Code § 42-1-360). Excluded: casual labor, agricultural workers, federal employees, railroad employees (FELA), and qualifying independent contractors. Corporate officers may opt out.

2. Notice to Employer

Notice within 90 days of injury (S.C. Code § 42-15-20). Late notice can be excused for reasonable excuse if no prejudice.

3. Claim Filing

File Form 50 (Employee's Notice of Claim) with the SCWCC within 2 years of injury (S.C. Code § 42-15-40), or 2 years of last payment of compensation.

4. Benefits

Medical fully covered. Temporary Total Disability pays 66 2/3% of average weekly wage subject to state average weekly wage max (about $1,134/week for 2026) under § 42-9-10. Permanent Partial Disability under § 42-9-30 scheduled losses and § 42-9-20 unscheduled (up to 340 weeks). Total Disability under § 42-9-10 capped at 500 weeks (lifetime for catastrophic). Death benefits 500 weeks plus $12,000 burial (§ 42-9-290).

5. Independent Medical Exam (IME)

Carrier may require IME under § 42-15-60. Refusal can suspend benefits.

6. Choice of Doctor

Employer/carrier selects the authorized treating physician in South Carolina (§ 42-15-60). Employee who self-treats without authorization generally bears the cost.

7. Denied Claim / Appeal

Single Commissioner conducts hearing. Appeal to the Appellate Panel of the Full Commission within 14 days, then to the South Carolina Court of Appeals (§ 42-17-60).

8. Third-Party Suit

S.C. Code § 42-1-560 preserves third-party rights. Carrier has subrogation lien — the carrier must contribute pro rata to attorney's fees per § 42-1-560(b).

This is legal information, not legal advice.