State of SC Guidelines for Worker's Compensation

Eligibility and Coverage Requirements

South Carolina's worker's compensation system applies to all employees, excluding independent contractors and certain volunteer workers. An injury or illness must arise directly from job duties, and the injury must be documented by a medical professional. Employers with more than 20 employees or those in high‑risk industries must carry insurance; smaller employers can opt for a self‑insured plan if they meet specific criteria.

Claim Filing Process

Once an injury occurs, the employee must submit a Form W-1 within 30 days to the employer's insurer. The employer issues a Form W-2 within 20 business days, indicating whether the injury is covered. If the insurer denies coverage, the employee can file a claim with the Workers' Compensation Board (WCB) within 90 days of the denial.

Benefits and Compensation Limits

South Carolina provides medical, surgical, and pharmaceutical benefits, plus temporary or permanent disability payments. Temporary total disability (TTD) pays 60% of the employee's average weekly wage (AWG), capped at $1,800 per week. Permanent partial disability (PPD) uses a percentage of AWG, with a maximum of $1,800 per week. Permanent total disability (PTD) is limited to 30% of AWG, also capped at $1,800 per week. Employees may receive up to 52 weeks of TTD, but certain injuries allow extended periods.

Employer Responsibilities and Penalties

Employers must provide a safe work environment and report injuries promptly. Failure to report within 24 hours can result in a fine of $50 per day, up to $500. Employers who do not maintain proper coverage may face civil penalties, loss of license, or criminal charges if negligence leads to death.

Dispute Resolution and Appeals

Disputes over coverage or benefit amounts are first addressed through the Board's mediation. If unresolved, parties may appeal to the South Carolina Court of Appeals. The Board also offers a Workers' Compensation Hearings Office for administrative appeals, which can resolve many issues without court involvement.

Key Resources and Contacts

Workers can access claim forms, FAQs, and guidance at the South Carolina Workers' Compensation Board website. Employers should consult the Board's insurer directory to verify coverage status and contact local agents for policy compliance. For urgent questions, the Board's toll‑free line (803‑555‑1234) provides immediate assistance.

Table: Benefit Caps by Disability Type