The South Carolina workers compensation act — formally the South Carolina South Carolina Workers’ Compensation Law (S.C. Code § 42-1-10, short title); commonly called the South Carolina Workers’ Compensation Act, found at S.C. Code of Laws Title 42 (§§ 42-1-10 et seq.) — is the statute behind every workers’ comp claim, benefit and employer mandate in the state.
This plain-English guide to the South Carolina workers compensation act gives the section numbers next to the rules people actually need: who must be covered, the deadlines, the waiting period, the pay rate, the exclusive-remedy bargain, the ban on retaliation and the penalties. Verified against the official code as of October 2026.
South Carolina at a Glance
| Official name | South Carolina Workers’ Compensation Law (S.C. Code § 42-1-10, short title); commonly called the South Carolina Workers’ Compensation Act |
| Where it lives | S.C. Code of Laws Title 42 (§§ 42-1-10 et seq.) |
| First enacted | 1935 |
| Reporting deadline | Notice to the employer immediately or as soon as practicable, and no later than 90 days after the accident unless the Commission accepts a reasonable excuse and the employer was not prejudiced — § 42-15-20 |
| Filing deadline | The claim must be filed with the Commission within 2 years after the accident, or within 2 years of the date of death if the accident caused death — § 42-15-40 |
| Exclusive remedy | § 42-1-540 — workers’ comp excludes all other remedies against the employer; main exception: an employer who acted with deliberate or specific intent to injure (case law; recklessness or gross negligence is not enough); an employer who fails to insure also loses this protection (§ 42-5-40) |
| Recent amendments | H.3163 (amends § 42-11-30 on self-insurers losing the privilege or failing to secure liability), effective May 15, 2026; H.3874 (amends § 42-15-90; annual review of the medical fee schedule with a cost-containment committee and a public hearing), effective May 18, 2026; Title 38 Chapter 91 amendment requiring licensed workers’ comp adjusters to complete 3 hours of continuing education on the Act, effective May 19, 2026. Not enacted: H.4820 (150 weekly minimum starting July 1, 2027) was still in House Judiciary; H.3774 (§ 42-1-560 third-party notice) was reported dead May 14, 2026 |
In This South Carolina Guide:
What the South Carolina Workers Compensation Act Is
A workers’ compensation act is a no-fault deal written into state law: the employer pays for work injuries without the worker proving fault, and the worker gives up most lawsuits against the employer in return. The South Carolina workers compensation act dates to 1935. It lives at S.C. Code of Laws Title 42 (§§ 42-1-10 et seq.), and the official text is linked in the sources.
The agency began on September 1, 1935 as the South Carolina Industrial Commission and was renamed in 1986. Total disability benefits are generally capped at 500 weeks (§ 42-9-10). Uninsured employers face liability in court as well as Commission fines (§ 42-5-40). Rules and amounts change, so many claimants confirm details with the Commission and a licensed South Carolina attorney.
Who the South Carolina Workers Compensation Act Covers
§ 42-1-310 presumes employers and employees are covered and § 42-5-10 requires covered employers to insure; employers with 4 or more regular employees in South Carolina, or a prior-year payroll of 3000 or more, are covered (threshold in § 42-1-360(2)) § 42-1-360 — casual employees; employers with fewer than 4 regular employees or a prior-year payroll under 3000; state and county fair associations; agricultural employees; railroads and railway express companies;
commissioned sellers of agricultural products; commission-only real estate salespersons with independent-contractor agreements; federal employees; owner-operator truck drivers under independent-contractor contracts (some may opt in voluntarily)
Deadlines in the South Carolina Workers Compensation Act
Waiting period: § 42-9-200 — 7 calendar days; if the disability lasts more than 14 days, compensation is paid from the date of disability. Wage-loss rate: § 42-9-10 — 66 2/3 percent of the average weekly wage, capped at 500 weeks (with exceptions in subsection (C)); the weekly minimum and maximum are set in § 42-9-10 and indexed to the state average weekly wage, which the Commission updates every year.
South Carolina Workers Compensation Act: Key Sections at a Glance
The sections of the South Carolina workers compensation act that decide most cases, each with its citation:
| Coverage mandate | § 42-1-310 presumes employers and employees are covered and § 42-5-10 requires covered employers to insure; employers with 4 or more regular employees in South Carolina, or a prior-year payroll of 3000 or more, are covered (threshold in § 42-1-360(2)) |
| Exemptions | § 42-1-360 — casual employees; employers with fewer than 4 regular employees or a prior-year payroll under 3000; state and county fair associations; agricultural employees; railroads and railway express companies; commissioned sellers of agricultural products; commission-only real estate salespersons with independent-contractor agreements; federal employees; owner-operator truck drivers under independent-contractor contracts (some may opt in voluntarily) |
| Report an injury | Notice to the employer immediately or as soon as practicable, and no later than 90 days after the accident unless the Commission accepts a reasonable excuse and the employer was not prejudiced — § 42-15-20 |
| File a claim | The claim must be filed with the Commission within 2 years after the accident, or within 2 years of the date of death if the accident caused death — § 42-15-40 |
| Waiting period | § 42-9-200 — 7 calendar days; if the disability lasts more than 14 days, compensation is paid from the date of disability |
| Wage-loss rate | § 42-9-10 — 66 2/3 percent of the average weekly wage, capped at 500 weeks (with exceptions in subsection (C)); the weekly minimum and maximum are set in § 42-9-10 and indexed to the state average weekly wage, which the Commission updates every year |
| Exclusive remedy | § 42-1-540 — workers’ comp excludes all other remedies against the employer; main exception: an employer who acted with deliberate or specific intent to injure (case law; recklessness or gross negligence is not enough); an employer who fails to insure also loses this protection (§ 42-5-40) |
| Uninsured employer penalty | § 42-5-40 — a fine of 1 per employee, but no less than 10 and no more than 100, for each day without coverage, assessed by the Commission; the employer is also open to a civil damages suit by the injured worker during the lapse |
| Who hears disputes | The South Carolina Workers’ Compensation Commission. A single commissioner holds the hearing in the district where the injury occurred (§ 42-17-20). A request for review by the Commission’s appellate panel is due within 14 days (§ 42-17-50). Further appeal goes to the courts (§ 42-17-60). |
The Exclusive-Remedy Bargain in the South Carolina Workers Compensation Act
§ 42-1-540 — workers’ comp excludes all other remedies against the employer; main exception: an employer who acted with deliberate or specific intent to injure (case law; recklessness or gross negligence is not enough); an employer who fails to insure also loses this protection (§ 42-5-40)
Retaliation and Penalties Under the South Carolina Workers Compensation Act
The South Carolina workers compensation act bars an employer from firing, demoting or punishing a worker for filing a claim; the remedy is a separate lawsuit or an agency complaint, with reinstatement and back pay available. § 42-5-40 — a fine of 1 per employee, but no less than 10 and no more than 100, for each day without coverage, assessed by the Commission;
the employer is also open to a civil damages suit by the injured worker during the lapse The South Carolina Workers’ Compensation Commission.
A single commissioner holds the hearing in the district where the injury occurred (§ 42-17-20). A request for review by the Commission’s appellate panel is due within 14 days (§ 42-17-50). Further appeal goes to the courts (§ 42-17-60).
Recent Amendments to the South Carolina Workers Compensation Act
H.3163 (amends § 42-11-30 on self-insurers losing the privilege or failing to secure liability), effective May 15, 2026; H.3874 (amends § 42-15-90; annual review of the medical fee schedule with a cost-containment committee and a public hearing), effective May 18, 2026; Title 38 Chapter 91 amendment requiring licensed workers’ comp adjusters to complete 3 hours of continuing education on the Act, effective May 19, 2026.
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Not enacted: H.4820 (150 weekly minimum starting July 1, 2027) was still in House Judiciary; H.3774 (§ 42-1-560 third-party notice) was reported dead May 14, 2026
How to Read the South Carolina Workers Compensation Act
Statute pages are written for lawyers, so read the South Carolina workers compensation act in this order: the definitions section (who is an employee), the coverage section, then the specific section for your question, using the citations above. The official code is the source; the summaries on legal-information sites are not.
If a section of the South Carolina workers compensation act seems to conflict with what an insurer told you, the section wins — and the state agency’s information line can confirm it for free.
Applying the act: the South Carolina claim guide turns these sections into steps and dates, and the South Carolina requirements guide covers the employer side.
Frequently Asked Questions
Where is the South Carolina workers compensation act in the code?
S.C. Code of Laws Title 42 (§§ 42-1-10 et seq.). The sources below link to the official text.
How long do I have to report a work injury under the South Carolina act?
Notice to the employer immediately or as soon as practicable, and no later than 90 days after the accident unless the Commission accepts a reasonable excuse and the employer was not prejudiced — § 42-15-20. Report in writing as soon as possible either way.
Can I sue my employer instead of using the South Carolina workers compensation act?
Usually not — the exclusive-remedy section bars most lawsuits against a covered employer. Claims against third parties, and against an uninsured employer, are the common exceptions.
Official South Carolina Sources & Resources
- South Carolina South Carolina Workers’ Compensation Commission: https://wcc.sc.gov
- South Carolina Workers’ Comp Statute: https://www.scstatehouse.gov/code/t42c001.php
- U.S. Department of Labor — Workers’ Comp: dol.gov
- Insurance Information Institute: iii.org
This South Carolina workers compensation act guide was last verified against official South Carolina sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
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More South Carolina Workers’ Comp Guides
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- South Carolina Workers’ Comp Settlements
- South Carolina Workers’ Comp Requirements (Employers)
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Disclaimer: This guide is informational only and is not legal, medical, or financial advice. Workers Comp Explained is an independent educational resource, not a law firm or insurer. Workers’ comp benefits, settlement values, deadlines, and requirements vary by state and by the specific facts of your injury and change over time, and any settlement figures here are illustrative only.
Confirm your rights and any deadline with your state’s workers’ compensation board and a licensed attorney before you act.