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Overview of South Carolina Workers’ Comp Claims

— November 15, 2021

Dealing with workers’ compensation can become a complicated process. However, remember that a South Carolina attorney can help you out with information.

South Carolina requires any business with four or more employees to offer workers’ compensation. However, there are a few exceptions to the rule, including federal employees. If you wish to claim benefits, there are a series of essential deadlines to meet.

How Does Filing Workers’ Comp Claims in South Carolina Work?

It’s crucial to inform your employer and workers’ comp program about any workplace injuries. You should seek immediate medical attention and file your workers’ comp claim promptly.

While in South Carolina businesses are required to offer workers’ compensation for their employees, there are some exceptions to the rule. The following categories are not required to be covered by workers’ comp benefits:

  • Federal employees of the state
  • Licensed real estate agents who work for a broker
  • Casual employees who don’t work regular hours or schedules
  • Agricultural employees
  • People selling agricultural products
  • Railroad or railway express employees

South Carolina workers’ compensation lawyers can help you understand the details of your case. If you are not satisfied with your result, your attorney can take the issue to court.

Reporting Your On-the-Job Injury

You should report your work-related injury immediately to your employer so that other workers can be protected from injury. If you fail to report the incident within 90 days, you might lose your benefits. However, you have up to two years to file your workers’ comp claim. Some symptoms of injuries don’t immediately manifest. If you wait too long, you might exceed important deadlines for receiving benefits.

Filing Your Workers’ Comp Claim

You can file your claim even if your employer fails to recognize the validity of the incident. You can download Form 50 or Form 52 from the headquarters of your local workers’ comp office. If you have trouble downloading the form, you can also request a claim form at Be sure that you check the box that reads “I am filing a claim. I am not requesting a hearing at this time.”

Options for Medical Treatment Under Workers’ Comp

You qualify immediately for any medically recommended treatments including specialist visits, surgical procedures, prosthetic devices, medical supplies, and hospitalization. However, you must first visit the doctor chosen by your employer or an insurance company representative.

Workers’ Comp Compensation for Claims

Your medical bills are covered, and you’re entitled to benefits that run up to 66.67% of your regular pay average up to a certain amount. The limit is the average payout of all South Carolina workers’ comp claims. This amount is updated each year by the South Carolina Department of Employment and Workforce. If you actually work a second or more jobs, the amounts can be added together when determining your average weekly wage.

South Carolina requires a 7-day waiting period before your benefits begin. The payments, once started, will be delivered by your employer’s workers’ comp representative. If you remain sidelined for two weeks or more, you will get a payment for the waiting period as well. Your benefits continue until your doctor releases you to begin working again.

Released for Light Duty Work

Man in maroon shirt packing a box in the office; image by Bench Accounting, via
Image by Bench Accounting, via

Your doctor has the option to release you for light-duty work. You must accept the work, or you lose your benefits. While you’re on light duty, you’ll receive 66.67% of the difference between light-duty pay and your regular rate of pay.

Choosing Your Own Doctor

You must be evaluated by the doctor your employer chooses. However, you can request treatment from your choice of doctor or be evaluated by your chosen doctor. You’ll have to pay the doctor out-of-pocket unless your employer provides permission for the out-of-network expense.

If your request for a doctor is denied, you or your lawyer should file Form 50 to request a hearing on the matter. Contesting the decision of your employer will result in receiving Form 51. The workers’ comp representative will respond to your request for reconsideration.

Final Thoughts

Dealing with workers’ compensation can become a complicated process. However, remember that a South Carolina attorney can help you out with information. With legal assistance, you are sure to make the best decisions for your case.

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