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

Federal & State Law Editorial TeamLast reviewed: 2026-04-30

South Carolina workers' compensation is administered by the South Carolina Workers' Compensation Commission (WCC) under S.C. Code Ann. § 42-1-10 et seq.

1. Who Is Covered

  • Employers with 4 or more employees must carry workers' comp (S.C. Code Ann. § 42-1-360).
  • Excludes agricultural employees, casual workers, federal employees, and railroad workers.
  • Sole proprietors, partners, LLC members, and corporate officers may opt out.

    • 2. Notice to Employer — 90 Days

  • Under S.C. Code Ann. § 42-15-20, give notice to the employer within 90 days of the accident.
  • Failure may bar the claim unless excused (employer had knowledge, no prejudice).

    • 3. Filing Deadline — 2 Years

  • File Form 50 (Employee's Notice of Claim and Request for Hearing) with the WCC within 2 years of the accident (S.C. Code Ann. § 42-15-40).
  • For occupational disease: 2 years from disability or knowledge of work-relatedness.
  • Hearings before a single Commissioner; appeals to the full Commission.

    • 4. Weekly Benefit Calculation

  • Temporary Total Disability (TTD): 66 2/3% of AWW (S.C. Code Ann. § 42-9-10).
  • 2024 maximum TTD: approximately $1,093/week (100% of SAWW); minimum: $75/week.
  • Temporary Partial Disability (TPD): 66 2/3% of difference between pre- and post-injury wages.
  • Permanent Partial Disability (PPD): scheduled weeks per body part at TTD rate.

    • 5. Maximum Benefit Period

  • TTD/TPD/PPD combined: capped at 500 weeks (S.C. Code Ann. § 42-9-10).
  • Permanent Total Disability: 500 weeks at TTD rate, OR for life if catastrophic (paraplegia, quadriplegia, brain damage) under § 42-9-30(21).

    • 6. Medical Treatment — Employer Directs

  • The employer/carrier has the right to designate the treating physician (S.C. Code Ann. § 42-15-60).
  • Employee may petition the WCC for a change of physician for cause.
  • Medical benefits unlimited in duration.

    • 7. Choice of Doctor

  • Restricted — employer-controlled.

    • 8. Attorney Fees

  • Set by the WCC as reasonable; capped at 33 1/3% of recovery under S.C. Code Ann. § 42-15-90; Commission approval required.

    • 9. Disfigurement

  • Up to 50 weeks for permanent serious disfigurement of the face, head, or other normally exposed area (§ 42-9-30(21)).

    • 10. Retaliation

  • South Carolina recognizes a common-law cause of action for retaliatory discharge (Wallace v. Milliken & Co., 1987).

    • This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Your indemnity benefits approach the 500-week cap
    • Your injury may qualify as catastrophic for lifetime benefits
    • You want to change doctors and the carrier refuses
    Related Statutes & Laws
    • S.C. Code Ann. § 42-1-360
    • S.C. Code Ann. § 42-9-10
    • S.C. Code Ann. § 42-9-30
    • S.C. Code Ann. § 42-15-20
    • S.C. Code Ann. § 42-15-40
    • S.C. Code Ann. § 42-15-60
    • S.C. Code Ann. § 42-15-90

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.