If you were hurt on the job in South Carolina, two deadlines matter more than anything else on this page. Miss either one and you can lose your right to benefits, no matter how serious your injury is. But if a deadline has already slipped past you, read the exceptions below before you give up — South Carolina's statute contains real safety valves, and they are part of the law, not long shots.
The two deadlines, up front:
90 days to report the injury to your employer. The South Carolina Workers' Compensation Commission warns that failing to report a work-related injury within 90 days of the accident may disqualify you from receiving benefits. The statute is stricter than that in one direction and more forgiving in another: it requires notice immediately on the occurrence of the accident "or as soon thereafter as practicable" — 90 days is the outer bar, not a grace period — but it also excuses late notice in the circumstances described below (S.C. Code Ann. § 42-15-20).
2 years to file a claim with the Commission — measured from the date of the accident (or, in a fatal case, the date of death). For an occupational disease or a repetitive trauma injury, the two years starts later; see "The deadline to file a claim" below (S.C. Code Ann. § 42-15-40).
Do not wait for either clock to run. Report the injury the day it happens if you can.
What to do first
Get medical help immediately. If it is an emergency, go to the ER or call 911. For a non-emergency injury, keep reading before you pick a doctor — in South Carolina, your employer has the right to choose who treats you (see below).
Tell your employer right away. The statute asks for notice immediately, or as soon as practicable; 90 days is the absolute outer limit. Tell a supervisor as soon as possible — in writing if you can, so there is a record — and keep a copy.
Write down what happened — date, time, location, the task you were doing, and any witnesses — while it is fresh.
Follow the treatment plan your authorized doctor gives you, and keep copies of all paperwork.
If your notice was late: the exceptions the FAQ does not mention
The Commission's plain-language warning about the 90-day rule is a good reason to hurry, but it is not the whole statute. Under S.C. Code Ann. § 42-15-20, late notice does not automatically end your claim:
Reasonable excuse and no prejudice. No compensation is payable unless notice is given within 90 days "unless reasonable excuse is made to the satisfaction of the commission for not giving timely notice, and the commission is satisfied that the employer has not been prejudiced thereby." In other words, if you have a reasonable explanation for the delay and your employer was not harmed by it, the Commission can still hear your claim.
The employer already knew. The statute also excuses the lack of notice where the employer, its agent, or its representative had knowledge of the accident. If your supervisor saw it happen, or the company sent you for treatment, that matters.
Incapacity or someone else's fraud. Notice is likewise excused where you were prevented from giving it "by reason of physical or mental incapacity or the fraud or deceit of some third person."
Repetitive trauma has a different clock. For a repetitive trauma injury — the carpal-tunnel, shoulder, or back-strain type of claim that builds up over time — there is no single accident date. Section 42-15-20(C) requires notice within 90 days of the date you discovered, or by reasonable diligence could have discovered, that your condition is compensable — again subject to reasonable excuse and no undue prejudice to the employer. Your clock may not have started when the pain did.
None of this is a reason to delay. It is a reason not to assume you are barred. If your notice was late, say so honestly, explain why, and let the Commission decide.
South Carolina's workers' compensation agency
Claims in South Carolina are handled by the South Carolina Workers' Compensation Commission, a state agency in Columbia. The Commission processes injury claims, holds hearings when a claim is disputed, and administers South Carolina's workers' compensation law (Title 42 of the South Carolina Code of Laws). Its Claims Department can be reached at claims@wcc.sc.gov or 803-737-5700.
As a general rule, a business that regularly employs four or more employees in South Carolina must carry workers' compensation coverage. The Commission notes that part-time workers and family members count toward that number, and that paying a worker on a 1099 does not by itself put the employer outside the requirement.
The Commission lists a number of exemptions, including:
Businesses with fewer than four employees, or with an annual payroll below a small statutory threshold (ask the Commission for the current figure)
Casual employees
Agricultural employees
Railroads and railway express companies
State and county fair associations
Federal employees
Certain owner-operator drivers and certain commission-paid real estate agents who meet specific statutory requirements
Employers that must carry coverage buy it from a licensed commercial insurance carrier or through the state's assigned risk program (administered by the National Council on Compensation Insurance), and some qualify to self-insure. South Carolina is not a monopolistic state fund state — coverage is not bought exclusively from a state-run fund. If you are not sure whether your job is covered, the Commission can help you check.
The deadline to file a claim
Reporting the injury to your boss is not the same thing as filing a claim. Separate from the 90-day notice requirement, South Carolina gives you two years to file a claim with the Commission. For an ordinary traumatic accident, the clock starts on the date of the accident — or, if the accident was fatal, the date of death, with the claim filed by a dependent (S.C. Code Ann. § 42-15-40).
But two kinds of injury have their own written-into-the-statute start dates, and they are the law — not exotic exceptions:
Occupational disease. The two-year period does not begin to run until you have been definitively diagnosed with the occupational disease and notified of the diagnosis. If you were exposed years ago but only recently learned what you have, your clock may have started at the diagnosis, not at the exposure.
Repetitive trauma. The claim must be filed within two years after you knew or should have known that the injury is compensable — but in no event more than seven years after the last date of injurious exposure. That seven-year outer limit is firm, so do not sit on a repetitive-trauma claim.
You file by submitting Form 50 (workplace injury) or Form 52 (workplace death) to the Commission. Filing a claim itself carries no charge; requesting a hearing does carry a filing fee (see below). If you are unsure which start date applies to you, ask the Commission — and file as early as you can.
Medical care: who picks your doctor
This surprises a lot of workers. In South Carolina, your employer has the right to choose your treating doctor — the Commission says so plainly. You generally do not get to pick your own physician for a work injury the way you would for other health care, and treatment you arrange on your own may not be paid for.
If you disagree with the assigned doctor or want a second opinion, ask the Commission's Claims Department what your options are; disputes that cannot be worked out informally can be taken to a hearing. In the meantime, keep going to the authorized doctor — refusing the treatment that has been authorized can hurt your claim.
Wage-replacement benefits
Percentage paid: The Commission states that you receive 66 2/3% of your average weekly wage, based on the four quarters before your injury.
Waiting period: You become eligible to begin receiving temporary compensation on the 8th calendar day following your inability to work. If you are written completely out of work for more than 14 days, you are eligible to receive benefits back to the first day of incapacity.
Maximum: Your weekly payment cannot exceed a maximum that the state sets each year. Because that figure changes annually, do not rely on a number printed on any website — confirm the current maximum directly with the Commission (wcc.sc.gov).
Permanent disability
If your injury leaves you with lasting impairment after your authorized doctor says you have reached maximum medical improvement, South Carolina law provides for additional compensation. How that award is calculated depends on how your injury is classified under the statute, and the categories and formulas are technical. Ask the Commission (or a lawyer, if you have one) which category applies to your injury and how the award would be figured, rather than assuming — this is where a lot of value in a claim sits.
If your claim is denied
You have the right to dispute a denial or any decision you disagree with. The path runs like this:
Request a hearing. File Form 50 (or Form 52 in a death case) to request a hearing with the Commission. There is a filing fee for a hearing request — the Commission has listed it as $50, and a separate form exists to ask for a waiver if you cannot afford it. Confirm the current fee and waiver process with the Commission. A Single Commissioner hears the dispute and issues a Decision and Order.
Appeal to the Appellate Panel — 14 days. If you disagree with the Single Commissioner's decision, you (or the employer/carrier) may file Form 30, Request for Commission Review, within 14 days of receipt of the order, along with the filing fee (the Commission has listed it as $150; a waiver form exists). An appellate panel of Commissioners reviews the case. File late and the panel may be unable to hear your appeal, leaving the Single Commissioner's ruling as the law of your case.
Appeal to the courts — 30 days. A decision of the Appellate Panel / Full Commission may be appealed within 30 days. For injuries occurring on or after July 1, 2007, the appeal goes to the South Carolina Court of Appeals; for injuries before that date, it goes to the Circuit Court. The Commission warns that failing to file properly with the correct court within 30 days may result in dismissal of the appeal.
Every one of these windows is short and strictly enforced. The day a decision arrives is the day the clock starts — act immediately.
Where to get help in South Carolina
SC Workers' Compensation Commission, Claims Department: For general questions about your claim and for problems with the employer or carrier that may be resolved without a hearing — claims@wcc.sc.gov, 803-737-5700.
South Carolina Legal Services: A statewide nonprofit law firm providing free civil legal help to income-eligible South Carolinians — 1-888-346-5592. Whether they can take a workers' compensation matter varies, so ask.
South Carolina Bar Lawyer Referral Service: A public service of the state bar that refers you to a prescreened attorney for an initial consultation — 1-800-868-2284.
Workers' compensation is a benefit you and your employer paid into. Using it is not asking for a favor. Be accurate and complete in everything you report — describe your injury and your limits honestly, neither shading them up nor playing them down.
This article is general legal information about South Carolina workers' compensation law, not legal advice for your specific situation.
Frequently asked questions
How long do I have to report a work injury to my employer in South Carolina?
The statute requires notice immediately on the occurrence of the accident, or as soon thereafter as practicable, and sets 90 days as the outer limit — so tell a supervisor right away, in writing if possible. The Commission states that failing to report within 90 days may disqualify you from benefits.
I told my employer more than 90 days after my injury. Is my claim dead?
Not necessarily. S.C. Code Ann. § 42-15-20 bars compensation for late notice only unless you make a reasonable excuse to the satisfaction of the Commission and the Commission is satisfied the employer has not been prejudiced by the delay. Notice is also excused where the employer, its agent, or its representative already had knowledge of the accident, or where physical or mental incapacity — or the fraud or deceit of some third person — prevented you from giving notice. Explain the delay honestly and let the Commission decide rather than assuming you are barred.
How does the notice deadline work for a repetitive trauma injury like carpal tunnel?
There is no single accident date. Under § 42-15-20(C), notice must be given within 90 days of the date you discovered, or could have discovered by exercising reasonable diligence, that your condition is compensable — and even then, late notice can be excused for reasonable cause where the employer has not been unduly prejudiced. Your clock may not have started when the symptoms did.
What is the deadline to file a workers' compensation claim in South Carolina?
Generally two years from the date of the accident (or, in a fatal case, two years from the date of death), by filing Form 50 (injury) or Form 52 (death) with the South Carolina Workers' Compensation Commission. Section 42-15-40 sets different start dates for two kinds of injury: for an occupational disease, the two years does not begin to run until you have been definitively diagnosed with the disease and notified of the diagnosis; for repetitive trauma, the claim must be filed within two years after you knew or should have known the injury is compensable, but no more than seven years after the last date of injurious exposure.
Do I get to choose my own doctor for a work injury in South Carolina?
Generally no. The Commission states that in South Carolina your employer has the right to choose your treating doctor. If you have concerns about the assigned physician or want a second opinion, ask the Commission's Claims Department about your options; unresolved disputes can go to a hearing.
What percentage of my wages does South Carolina workers' comp pay, and when do payments start?
66 2/3% of your average weekly wage, based on the four quarters before your injury, subject to a state maximum that is set each year. You become eligible for temporary compensation on the 8th calendar day out of work; if you are written completely out of work for more than 14 days, benefits are payable from the first day.
What if my South Carolina workers' comp claim is denied?
You can request a hearing before a Single Commissioner by filing Form 50 (a filing fee applies, with a waiver form available). If you disagree with that decision, you have 14 days from receiving the order to file Form 30 asking an Appellate Panel of Commissioners to review it. A decision of the Appellate Panel or Full Commission can then be appealed to the courts within 30 days.
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
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