- Auto and Trucking Accidents, Dram Shop, Featured Cases, Wrongful Death
- Featured Cases, Wrongful Death
- Featured Cases, Trucking Accident
- Nursing Home / Assisted Living Facility
- Featured Cases, Premises Liability
- Nursing Home / Assisted Living Facility
- Auto and Trucking Accidents, Dram Shop, Featured Cases, Wrongful Death
- Featured Cases, Wrongful Death
- Featured Cases, Trucking Accident
An accident can occur at any jobsite or in any industry in South Carolina. In 2024, construction and extraction occupations had the most fatal work injuries in the state, with 23 of 103 deaths. Nationally, private employers reported roughly 2.5 million nonfatal workplace injuries and illnesses in 2024.
If you suffered a work-related injury or illness, you could receive medical treatment and lost wage payments through the state’s workers’ compensation program. Contact an attorney at Hughey Law Firm today at (843) 881-8644 for more information.
Key Takeaways
- South Carolina workers’ compensation insurance is a no-fault policy that most employers with four or more employees are required to carry. It covers medical treatment and replaces 66 2/3% of your average weekly wage (up to $1,189.94 per week for injuries occurring in 2026), as well as permanent disability benefits.
- Claims are often denied due to disputes over whether the injury is work-related, missed deadlines, alleged intoxication, or worker misclassification. Many denials can be challenged.
- Wage benefits begin after a seven-day waiting period; the first seven days are paid if you miss more than 14 days.
- If someone else caused your injury, you can generally receive workers’ comp and also sue that person in a separate lawsuit.
- Report the injury within 90 days and file a claim within two years. Know that your employer cannot lawfully fire you for filing a claim in good faith.
South Carolina Workers’ Compensation Guide
What Is Workers’ Compensation?
South Carolina’s workers’ compensation program is a no-fault insurance requirement placed on most employers in the state. It provides medical treatment and wage replacement for individuals who suffer a workplace accident or a work-related injury.
- Employers with at least four employees, including part-time employees or family members who provide work for the business.
- General contractors, even if they have less than four employees, as subcontractor employees are considered statutory employees of the general contractor.
- Employers who only have casual employees who do not work regularly scheduled hours.
- Employers who had less than $3,000 in payroll the previous year.
- Agricultural employees and persons who sell agricultural products.
- Federal workers, who are covered by a federal insurance program.
- Railroad and railway express companies, whose workers fall under a separate federal system.
- Licensed real estate salespeople who work on straight commission under a signed independent contractor agreement with a broker.
- State and county fair associations, unless they choose to be covered.
If your employer was required to carry coverage but did not, the South Carolina Workers’ Compensation Uninsured Employers’ Fund may be added to your claim to help ensure injured workers are paid. An uninsured employer can also face other consequences, so speak with an attorney.
As explained by the South Carolina Bar Association, employees in the state are protected by the Workers’ Compensation Act, which provides the right to:
- Recover the cost of medical expenses related to the treatment of the injury; temporary loss of compensation; and permanent disability payments.
- The right to choose the physician to treat the disability, though this may result in a loss of medical payments as the employer is permitted to designate a physician for covered injuries.
- The right to have an attorney assist them in filing a claim and represent them through the appeals process if the claim is denied.
The wage replacement that is available through workers’ comp is generally 66 2/3 percent of what the worker’s average weekly wage was during the four quarters immediately preceding the accident, up to a yearly maximum. For injuries on or after January 1, 2026, the maximum is $1,189.94 per week. The worker must miss at least seven consecutive days at work before wage replacement begins. If you miss more than 14 days of work, you can also claim the first seven days of the injury. This wage replacement can continue until the treating physician releases the worker to return to the job without restrictions.
In many cases, the worker will initially be restricted to light duty when returning to work. During this time, if the worker is earning less than he or she earned before the injury, he or she would generally be entitled to 66 2/3 percent of the difference in earnings. Workers cannot refuse to return to light-duty work without risking a loss of benefits. Workers left with a permanent impairment may also receive permanent disability payments, and families of workers who die from job-related injuries may be eligible for death benefits.
Knowing whether you are covered, and what you are owed, is the first step in protecting your claim.
Why Would Workers’ Comp Deny Your Claim?
- Your employer does not believe that your injury occurred at work.
- Your employer suspects that you were not injured at all and are attempting to fraudulently receive benefits.
- Your employer believes that you were under the influence of alcohol or drugs when your injury occurred.
- Your employer believes that you intentionally inflicted your own injuries.
- Missed deadlines. The state law requires that injured workers report their injury to their employer within 90 days. Some cases involve repetitive motion injuries or exposure to hazardous chemicals that take a long time to detect and it would be impossible in these cases to show exactly when the injury occurred. However, many employers misunderstand the time limits that pertain to claims and can give the employee erroneous information. If you notified your employer within 90 days and your claim was denied due to a missed deadline, an experienced workers’ compensation lawyer could help you appeal the decision.
- Your injury involved a third party. An example would be if you were injured in a transportation accident while performing your duties as a delivery driver, and the accident was caused by another motorist who is not your employer. Workers’ compensation should still cover you, and your attorney can also help you explore the option of filing a third-party lawsuit against the at-fault motorist to obtain compensation for your expenses and the impacts of your injury.
- You were misclassified as an independent contractor rather than an employee. If the following four elements are true, then you are likely an employee for the purpose of workers’ compensation benefits:
- Your employer controls your work product.
- Your employer controls when you will be paid, as well as how and whether out-of-pocket expenses incurred during work-related tasks will be reimbursed.
- Your employer provides the equipment that you use to do your work.
- Your employer has the right to fire you.
Your attorney can help you determine if you were wrongly classified as an independent contractor. If you were, you may be entitled to workers’ compensation benefits as an employee. If you were truly a contractor, your attorney can explore whether a negligence claim is available. Contact an attorney at Hughey Law Firm for a consultation about your specific circumstance.
Common Causes of Workplace Injuries in South Carolina
According to the National Safety Council, the most common types of work-related injuries include:
- Contact with objects and equipment, including workers being struck by moving objects, workers being compressed or squeezed between two objects, friction between the worker and the object causing injury, workers bumping into objects or equipment, and workers being injured from vibration from equipment. In 2023 and 2024, these were the most frequent cause of injuries involving days away from work nationally.
- Overexertion, including non-impact activities that result in excessive physical effort such as lifting and pushing, as well as repetitive motion injuries.
- Slips, trips, and falls, including falls from an elevation as well as same-level falls.
- Transportation accidents.
- Violence or other injuries caused by people or animals.
- Exposure to harmful substances or dangerous environments.
- Fires or explosions.
For example, an accident at the Savannah River Site’s future Saltstone Disposal Units injured a subcontractor, leading to a 15-day work closure so that the Defense Nuclear Facilities Safety Board could conduct a thorough investigation. The accident occurred when a worker at the site, which is about 30 minutes south of Aiken, was struck in the leg by a forklift and pinned against a piece of equipment while conducting sandblasting activities at one of the disposal units.
What to Do After a Work Injury
These six steps protect your health first and your benefits second.
You can call (843) 881-8644 or complete our contact form to schedule a free consultation and connect with our team.
How an Attorney Can Help You With Your Claim
- General guidance in filing a workers’ compensation claim, including strict adherence to all statutory deadlines involved in the process
- Assistance if your claim is denied or your payments are delayed
- A careful look at the facts of your case to determine if third-party liability may support a personal injury lawsuit
- Protection of your rights if your employer chooses to retaliate for you filing a claim
- The gathering and organization of documents required to prove your claim during the review or appeals processes
- Negotiations with the insurer in an attempt to settle any disputes over your claim
If you have suffered a workplace injury or illness, do not leave your financial security to chance. Let our South Carolina workers’ compensation lawyers at Hughey Law Firm help you understand your legal options. We serve injured workers in Charleston, Mt. Pleasant, Columbia, Myrtle Beach, and across South Carolina. See also our South Carolina personal injury lawyers.
For a free case evaluation, contact us online or call (843) 881-8644.
Past results do not guarantee future outcomes. The information on this page is for general informational purposes only and does not constitute legal advice.
Related Practice Areas
Frequently Asked Questions About South Carolina Workers Compensation Lawyer
Do I have a choice about whether to file a workers’ comp claim or sue my employer in South Carolina?
Generally not. Workers’ compensation is the exclusive remedy for most employees, so you generally cannot hold your employer liable for your injuries in a lawsuit, regardless of fault. Exceptions exist, including when your employer did not obtain the required insurance. If the insurance company wrongfully denies or delays benefits, speak with an attorney about the remedies available, including penalties for improperly withheld benefits.
If I have a pre-existing condition, will that affect my benefits?
Your employer or insurer might try to deny your claim based on a pre-existing condition, but that does not eliminate your right to compensation. If your new injury aggravated a pre-existing condition, you may still be eligible for benefits.
Can my employer fire me if I file a workers’ compensation claim?
South Carolina law forbids an employer from discharging or demoting an employee for filing a claim, but many employers state other reasons. If your employment is terminated while you are collecting benefits, those benefits generally continue until your doctor releases you to work without restrictions. Talk to an attorney if you feel you were wrongfully terminated.
I was injured in a transportation accident while commuting to work. Am I eligible for benefits?
Usually not, because travel to and from work is generally not compensable. You could be eligible if you were running a work-related errand, were on paid time, or were using an employer-owned vehicle.
My coworker caused my workplace injury. Do I have the right to sue?
An injury caused by a coworker usually falls under the no-fault principle, so you can generally receive benefits. The exception is a coworker’s intentional act, such as workplace violence, for which the coworker may be liable. If your employer knew the coworker had made threats, the employer could bear additional liability for negligent security.
Do I need a workers’ compensation lawyer?
You are not required to hire one, but strict deadlines, medical disputes, and denials are common. An attorney can help you protect your benefits and challenge a denial.
Is my injury covered if I caused the accident myself?
Often yes, because workers’ comp is no-fault. Benefits can be denied in limited situations, such as intoxication or intentional self-injury, so speak with an attorney.
I was told I had 90 days to file a claim, but I heard the statute of limitations is two years. Which is it?
Both. You have 90 days to report your injury to your employer, and two years to file a claim. For occupational diseases, the deadline generally runs from when you knew or should have known the condition was work-related.
My doctor said I can return to work, but I do not feel ready. What should I do?
If your doctor releases you to perform light duty, you must return within the timeframe allotted or risk losing your benefits. Do not simply fail to show up. Tell your doctor about your concerns and the duties you fear you cannot perform, and ask your attorney for guidance.