Oops! Something went wrong while submitting the form.
South Carolina is a state full of charm and a robust variety of businesses across the state. From Charleston to the Lowcountry, the great Palmetto State has much to offer and a vibrant small business scene.
If you’re a business owner in South Carolina, it’s crucial to protect yourself, your business and your employees with workers’ compensation insurance.
Workers' compensation is a state-mandated insurance program for employers with four or more employees. It is designed to provide financial protection for employees who suffer work-related injuries or illnesses\.
Without workers’ compensation, the cost of an injured or ill employee’s medical treatment could become the responsibility of your business.
In South Carolina, workers' compensation is governed by the South Carolina Workers' Compensation Act. This law requires employers with four or more employees to be covered by an active workers’ compensation insurance policy.
Workers’ comp coverage can be obtained through a partner like EverPeak. South Carolina’s Workers’ Compensation Commission can approve self-insured requests if businesses:
South Carolina’s assigned risk program — administered by the National Council on Compensation Insurance (NCCI) — can also provide workers’ comp coverage.
Employees can verify online if their employer has coverage through the state’s online search tool and can also use South Carolina’s common employer name variations for reference.
Policies include protection for full-time and part-time workers, seasonal and temporary employees.
Exemptions from South Carolina workers’ compensation include:
Nonprofits do not have specific exemptions in the state and require coverage.
Workers' compensation covers a wide range of work-related injuries and illnesses. This includes physical injuries resulting from accidents, occupational diseases developed over time due to job conditions, and psychological injuries resulting from workplace trauma.
South Carolina workers’ comp insurance provides three types of benefits for work injuries:
These benefits include:
Under the South Carolina Workers’ Compensation Act, “there is no recovery for pain and suffering”.
Benefits received rely on many factors, such as the employee’s:
According to South Carolina law, the maximum weekly compensation rate is equal to 66⅔% of a person’s average weekly wage and cannot exceed the average weekly wage for the previous year.
More information on annual South Carolina workers’ compensation rates can be found here.
In the event of a work-related injury or illness, employees must promptly notify their employer and seek medical attention.
In South Carolina, workers have 90 days from the day of the accident to report an injury to their employer and up to two years for an employer to file a workers’ compensation claim.
Filing a claim is the responsibility of the employer in the case of a workplace-related injury or illness.
Employers are responsible for reporting the incident to their workers' compensation insurance carrier. The injured employee should complete the necessary forms and provide supporting documentation to initiate the claims process.
If an employer’s insurance accepts your claim, the injured worker should start receiving benefits immediately.
Employers in South Carolina have the right to select a healthcare provider or panel of providers for their workers' compensation program.
Employees must seek medical treatment from these designated providers to ensure coverage.
If an employee is out-of-work:
If there is a dispute regarding a workers' compensation claim, the South Carolina Workers' Compensation Commission serves as the administrative body responsible for resolving these disputes. This involves mediation, hearings, and potential appeals.
In most cases, employers in South Carolina with four or more employees must carry workers' compensation insurance or qualify for self-insurance, depending on their size and industry. Compliance with these requirements is essential to protect both the employer and employees.
When selecting a workers' compensation insurance provider, consider factors such as the provider's experience in the industry, financial stability, coverage options, claims process, customer service, and cost.
It's advisable to request multiple quotes and compare the offerings before making a decision.
Covering your business and employees with a trusted insurance partner—like EverPeak—brings peace of mind so you can focus on your bottom line.
Non-compliance with workers' compensation laws in South Carolina can result in penalties, such as fines, for employers. Additionally, non-compliant employers may lose certain legal protections and defenses in case of a workplace injury or illness claim.
Employees can verify online if their employer has coverage through the state's online search tool and can also use South Carolina's common employer name vairations for reference.
Ideally, the incident should be reported immediately or within a few days of the occurrence. Prompt reporting helps ensure that the necessary steps can be taken to initiate the workers' compensation claims process in a timely manner.
Generally, independent contractors are not covered by workers' compensation insurance in South Carolina.
Workers' compensation laws typically apply to employees rather than independent contractors.
However, it's important to note that the classification of a worker as an independent contractor or an employee can be complex, and misclassification can lead to legal disputes. If you are unsure about your classification, it's advisable to seek legal guidance.
In most cases, employees in South Carolina are barred from suing their employers for work-related injuries or illnesses. The workers' compensation system provides an exclusive remedy, meaning that employees typically cannot file a lawsuit against their employers. Instead, they must pursue a workers' compensation claim to receive benefits for their injuries or illnesses.