Employer Obligations in South Carolina
South Carolina law requires any business with one or more employees to carry workers' compensation insurance or qualify for self‑insurance. Coverage must be in place before the first day of work. Employers must display the State Workers' Compensation Board (SWCB) notice in a conspicuous area and keep records of all employees, including job titles and wages, for at least three years.
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Employee Eligibility and Coverage
All employees, regardless of full‑time or part‑time status, are covered unless they are classified as independent contractors or fall under specific exemptions such as domestic workers, certain agricultural laborers, and volunteers. Employees must report a work‑related injury or illness within 30 days to their employer to retain full benefits.
Benefits Provided
Compensation includes medical treatment, wage replacement, and disability benefits. Temporary total disability (TTD) pays two‑thirds of the employee's average weekly wage, up to the state maximum, until the employee can return to work. Permanent partial disability (PPD) and permanent total disability (PTD) are calculated based on the extent of lasting impairment.
Reporting and Claims Process
When an injury occurs, the employee must notify the employer in writing within 30 days. The employer then files a First Report of Injury (FROI) with the SWCB within ten days of receiving notice. The employee may submit a claim form (Form 50) to the board, and the employer must provide all relevant medical records and wage information.
Compliance Timelines and Penalties
Failure to secure coverage or file required reports can result in fines ranging from $500 to $2,500 per day, and the employer may be held personally liable for all benefits. The SWCB can also issue stop‑work orders or suspend business operations until compliance is achieved.
Key Differences by Business Size
| Business Size | Insurance Requirement | Self‑Insurance Eligibility |
|---|---|---|
| 1–4 employees | Purchase state‑approved policy | Not permitted |
| 5–99 employees | Purchase policy or apply for self‑insurance | Must demonstrate financial stability |
| 100+ employees | Policy or self‑insurance | Eligible with board approval |