On This page
    injured construction worker

    South Carolina law generally requires employers with four or more employees to carry workers’ compensation insurance. Whether your injury is from a single accident or developed over time, the law is designed to help you recover physically and financially from work-related conditions.

    If you’ve been hurt at work in South Carolina, you may be entitled to workers’ compensation benefits. These benefits cover medical treatment, partial wage replacement, and long-term disability if your injury affects your ability to get back to work. If your employer failed to provide workers’ comp coverage or refuses to help with your claim, you have legal options.

    At Joye Law Firm Injury Lawyers, we’ve been helping injured workers in the Palmetto State since 1968. We understand the stress a work injury brings to your life and family. That’s why we want to help you get the benefits you’re owed without unnecessary delays or confusion. Our team is ready to walk you through your workers’ compensation case. If your claim has been denied or delayed, or if you’re unsure how to file, call (888-324-3100) today for help. We’ve stood with South Carolina workers for decades, and we’re here to help you, too.

    What are South Carolina Workers’ Comp Benefits?

    If you’ve suffered an injury on the job in South Carolina, you may be entitled to workers’ compensation benefits that provide medical care and partial wage replacement. The South Carolina Workers’ Compensation Act ensures that employees who are injured on the job receive the necessary support. These benefits are available whether you’re recovering from a one-time injury or a long-term condition like repetitive stress injuries or exposure to harmful substances.

    Medical Treatment Covered by Workers’ Compensation

    Workers’ compensation in South Carolina covers all necessary medical treatment related to your injury or illness. This includes:

    • Surgery and hospitalization
    • Emergency care
    • Prescriptions and prosthetic devices
    • Physical therapy
    • Medical supplies
    • Diagnostic imaging and specialist consultations
    • Follow-up appointments

    However, your employer’s insurance company has the right to select your treating physician. If you seek medical attention from an unauthorized doctor, those medical expenses may not be reimbursed unless it was an emergency. Always consult your employer or their insurer before beginning non-emergency treatment.

    Wage Replacement Benefits for Injured Workers

    If your on-the-job injury causes you to miss more than seven days of work, you’re entitled to wage replacement benefits under South Carolina law.

    Temporary Total Disability (TTD)

    If you’re completely unable to work due to your work-related injury or illness, you may qualify for Temporary Total Disability (TTD) benefits. These are equal to two-thirds of your average weekly wage up to the statewide maximum, calculated using earnings from the four quarters of the previous year. If you had multiple jobs, wages from all qualifying employers are included.

    As of 2025, the maximum weekly compensation is $1,134.43.

    TTD benefits continue until you reach Maximum Medical Improvement (MMI), which means your condition has stabilized and is unlikely to improve further. After 150 days, your employer’s insurance company cannot terminate your benefits without requesting a hearing from the South Carolina Workers’ Compensation Commission.

    Temporary Partial Disability (TPD)

    If your injury allows you to return to work in a limited capacity but at reduced wages, you may be eligible for Temporary Partial Disability (TPD) benefits. These are calculated as:

    Two-thirds of the difference between your pre-injury wages and your current light-duty wages.

    Example:
    If you earned $900 weekly before the injury and now earn $500, your wage loss is $400 per week. TPD benefits would equal $266.67 per week.

    Many injured workers miss out on TPD benefits simply because they’re unaware they exist. It’s crucial to consult an experienced workers’ compensation attorney to ensure you’re receiving every benefit you deserve.

    Permanent Disability Benefits

    Not all injuries heal completely. When you’ve reached MMI and are left with a permanent condition that impacts your earning ability, you may qualify for permanent disability benefits.

    Permanent Partial Disability (PPD)

    PPD benefits apply when you’ve sustained a permanent injury but are still capable of some work. Compensation is determined based on:

    • Your impairment rating (assigned by a doctor)
    • Your ability to return to similar work
    • Testimony from a vocational consultant about how your condition affects your employment prospects

    While the employer’s doctor may provide your impairment rating, you have the right to an independent medical examination. A second opinion may significantly increase your benefit payout.

    Scheduled Member Disability

    South Carolina law assigns specific compensation values to the loss or impairment of particular body parts (arms, legs, eyes, etc.). If you lose the use of a scheduled body part, you’re entitled to a defined number of weeks of compensation based on the severity of the injury and your impairment rating.

    Don’t accept a low rating without a review. A trusted workers’ compensation lawyer can help challenge or verify your rating through another qualified physician.

    Total and Permanent Disability

    You may be considered totally and permanently disabled if your injury prevents you from participating in any reasonably stable job market. Factors considered include:

    • Nature and extent of your disability
    • Physical restrictions
    • Age and education
    • Past employment
    • Regional job availability

    Most totally disabled workers are entitled to benefits for up to 500 weeks, but if you suffer from conditions like paralysis, quadriplegia, or traumatic brain injury, you may qualify for lifetime benefits.

    The South Carolina Supreme Court has ruled that partial paralysis can meet the definition of paraplegia, making you eligible for lifetime payments.

    Seeking Help from a Workers’ Compensation Attorney

    Workplace injuries can turn your life upside down in an instant. Whether you’re hurt in a car accident on the job, struck by falling equipment, or dealing with the long-term toll of repetitive motion, the road to recovery is often overwhelming and expensive.

    Since 1968, Joye Law Firm has been standing up for injured workers across South Carolina. Over the years, we’ve built a reputation as leaders in workers’ compensation law and earned the respect of our peers. Our Workers’ Compensation team is led by Attorney Ken Harrell, recognized as Best Lawyers in America’s 2026 “Lawyer of the Year” for Workers’ Compensation in Charleston. Many of our attorneys have also been selected for South Carolina Super Lawyers and Rising Stars in recognition of their work advocating for injured employees.

    Because of our decades of hands-on experience, we understand how deeply workplace injuries can affect your health, livelihood, and family. Our team knows what it takes to secure the benefits you need for medical treatment, wage replacement, and long-term support. We’ll guide you through every step of your claim so you can focus on healing while we fight for the best possible outcome.

    Here are just a few examples of results we’ve achieved for hardworking South Carolinians:

    Other Details on South Carolina Workers’ Comp

    In addition to standard benefits, South Carolina’s workers’ compensation system includes specific provisions regarding waiting periods, dispute resolution, and employer coverage requirements. The following points outline key information workers should be aware of:

    • There is a seven-day waiting period for benefits, but if you’re out for more than 14 days, you will be compensated for the first week.
    • If you disagree with a return-to-work decision by your doctor, your attorney may request a hearing through the Workers’ Compensation Commission.
    • Most South Carolina employers with four or more employees are required to carry workers’ compensation insurance, with limited exceptions (e.g., agricultural employees and licensed real estate agents).

    If a Worker Passes Away, What Workers’ Compensation Death Benefits are Available?

    When a worker sustains fatal injuries in an accident on the job, the deceased worker’s spouse, children, and other dependents can be eligible to recover death benefits or dependency benefits. South Carolina Code § 42-9-110 establishes that a surviving spouse or a child shall be presumed to be wholly dependent for support on the deceased employee.

    Death benefits are two-thirds of a deceased worker’s average weekly wage, and they may be paid for up to 500 weeks. Workers’ compensation in South Carolina can also pay up to $12,000 for funeral and burial benefits.

    South Carolina Code § 42-9-290 states that a child 19 years of age or older enrolled as a full-time student in an accredited educational institution and any dependent child who is mentally or physically incapable of self-support (regardless of age) may be entitled to death benefits.

    Are Workers’ Compensation Benefits Taxable?

    Workers’ compensation settlements and benefits are generally not subject to taxation in South Carolina. When you return to work for light duty, the payments you receive will be taxable as wages.

    The Internal Revenue Service (IRS) states that the amounts you or your survivors receive as workers’ compensation are fully exempt from tax. If part of your workers’ compensation payments reduces your Social Security or equivalent railroad retirement benefits, that part of the benefits could be taxable.

    If a disability pension is paid under a statute that provides benefits only to employees with service-connected disabilities, part of it may be exempt from taxation as workers’ compensation, but the rest of the pension may be taxable as pension income. When a person dies, the part of the survivors’ benefit that is a continuation of the workers’ compensation is exempt from tax.

    Workers’ compensation reimbursement for medical care is generally not taxable. Advance reimbursements or loans for future medical expenses from employers are included as income, regardless of whether uninsured medical expenses were incurred during the year.

    How to File a Workers’ Compensation Claim in South Carolina

    Opening or pursuing a workers’ compensation claim begins with telling your employer about the injury. This report should be made as soon as possible, but no later than 90 days from the date of your injury or diagnosis of a work-related illness. After reporting the injury, your employer should notify their insurance company, which starts the claim process.

    You must also file a claim with the South Carolina Workers’ Compensation Commission using the correct form (Form 50 for injuries or Form 52 for death benefits). This preserves the official start of your case and is important if disputes arise later.

    The workers’ compensation process can be confusing, especially if you’re recovering from an injury. Let Joye Law Firm assist with your paperwork, hearings, or appeals. We have decades of experience helping injured employees across the Palmetto State.

    Insurance companies often underestimate your average weekly wage, exclude overtime or bonuses, or misclassify your injury to reduce what you’re paid. A knowledgeable attorney can help:

    • Ensure your benefits match your situation
    • Fight claim denials
    • Secure a proper impairment rating
    • Maximize lost wages and medical benefits

    Your workers’ compensation case may be worth thousands, especially if you are permanently disabled. Don’t leave money on the table, get the legal guidance you need to protect your future.

    Your Right to a Hearing in a SC Workers’ Comp Case

    If your employer has denied your workers’ compensation claim or if your employer is not paying the full benefits that are due under South Carolina law based on the nature and the extent of your injury, you have the right to a hearing. This hearing will be before a commissioner of the South Carolina Workers’ Compensation Commission. There are seven workers’ compensation commissioners who preside over these cases in South Carolina.

    If you do not believe the outcome of the hearing in front of the commissioner is fair, you have the right to have your case reviewed by a three-member panel of commissioners. Finally, in rare circumstances, it is possible to appeal to the SC Court of Appeals or even the South Carolina Supreme Court.

    For any type of appeal or in any situation where you believe your claim is being unfairly denied or your benefits limited, you need to speak with a South Carolina workers’ compensation attorney. Do understand that most lawyers will decline involvement in a case after the initial hearing has been held. That’s because it’s difficult to obtain additional evidence after that point. Therefore, if you have a serious work injury, the sooner you can get a lawyer involved, the more likely you will be able to protect your rights thoroughly.

    FAQs About South Carolina Workers’ Compensation Answered by Joye Law Firm

    Workers' Compensation Benefits

    Can I choose my own doctor for treatment under South Carolina workers’ compensation?

    Not typically. In South Carolina, your employer or their insurance company has the right to choose your treating physician. If you see a doctor without prior approval (except in emergencies), you may be responsible for the costs. However, if you’re unhappy with the care you receive, you can request a hearing to change doctors.

    What happens if I’m injured while working out-of-state for a South Carolina employer?

    You may still be covered under South Carolina workers’ compensation laws. Coverage generally applies if your employment is principally localized in South Carolina or your contract for hire was made within the state. Consult an attorney to determine jurisdiction if your injury occurred out of state.

    Can I be fired for filing a workers’ compensation claim in South Carolina?

    It is illegal for your employer to retaliate against you for filing a workers’ compensation claim. If you believe you’ve been wrongfully terminated or disciplined for asserting your rights, you may have grounds for a wrongful termination lawsuit under South Carolina law.

    What if a third party caused my workplace injury?

    You may be entitled to file a third-party personal injury lawsuit in addition to your workers’ compensation claim. For example, if a defective piece of equipment or a negligent subcontractor caused your injury, you could pursue damages from that third party.

    What if I already had a pre-existing condition that was worsened by my job?

    You may still qualify for benefits if your job aggravated or accelerated a pre-existing condition. South Carolina law provides coverage for injuries where work is a contributing factor, even if it’s not the only cause.

    Why You Should Hire an Attorney to Claim Your Benefits

    A work injury or illness can turn your life upside down, but you don’t have to go through it alone. Whether you’re dealing with medical expenses, missed paychecks, or long-term health problems, workers’ compensation is designed to bridge the gap. But sometimes the system doesn’t work like it should. Claims get denied. Payments are delayed. And insurance companies don’t always put your health first.

    That’s where we help you. At Joye Law Firm, we are proud to have helped thousands of injured workers in South Carolina obtain the benefits they needed to move forward with their lives. Our attorneys are available to review your workplace accident and discuss your workers’ compensation claim. Joye Law Firm is deeply committed to protecting injured workers.

    Our attorneys are recognized leaders in the field and respected throughout the legal community. Matt Jackson and Ken Harrell have both served as Past Presidents of Injured Workers’ Advocates (IWA), while Davis Rice currently serves on the organization’s Executive Committee. Several of our other attorneys are also active members, reflecting our ongoing dedication to this important cause.

    Call us today at (888) 324-3100 or schedule a consultation online for a free case review. Your recovery and your future shouldn’t be left to chance.

    Free Case Review
    Attorney Image