South Carolina law

Workers' Compensation Laws in South Carolina.

South Carolina workers' compensation covers employers with 4 or more employees (or those with annual payroll exceeding $3,000). TTD benefits pay 66 2/3% of average weekly wage with a maximum of $1,134.43/week (2025). The state has a 90-day notice requirement — one of the longest in the nation. A 25% penalty applies for improperly withheld benefits.

Last verified: 2026-02-25

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State law

Statute of Limitations

2 years from injuryS.C. Code Ann. § 42-15-40

Workers' compensation claims (Form 50) must be filed within 2 years of the date of injury. Occupational diseases: 2 years from discovery/diagnosis.

Exceptions

Notice to Employer — 90 daysS.C. Code Ann. § 42-15-20

The injured worker must provide notice to the employer within 90 days of injury — one of the longest notice periods in the nation.

Employer Report — 10 daysS.C. Code Ann. § 42-15-70

The employer must file a report with the carrier within 10 days of learning of the injury.

State law

Key South Carolina Statutes

TTD BenefitsS.C. Code Ann. § 42-9-10

TTD rate: 66 2/3% of average weekly wage. Maximum: $1,134.43/week (2025). 7-day waiting period; retroactively paid if disability exceeds 14 days.

Employer Coverage ThresholdS.C. Code Ann. § 42-1-360

Employers with 4 or more employees must carry workers' compensation. Employers with total annual payroll under $3,000 are exempt regardless of employee count.

Penalty for Untimely BenefitsS.C. Code Ann. § 42-9-260

A 25% penalty applies to improperly withheld or delayed benefit amounts.

Exclusive RemedyS.C. Code Ann. § 42-1-540

Workers' compensation is the exclusive remedy against the employer. Exceptions: intentional torts and third-party claims. No filing fee for workers' comp claims.

State law

Official Sources

SC Workers' Compensation Law SC Workers' Compensation Commission

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in South Carolina.

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