Business Insurance
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Workers' Compensation
This page provides information on South Carolina's Workers' Compensation Laws and Policies. There is statistical and historical data on claims and costs as well as information on benefits, costs, claim filing, and other miscellaneous information. There is also a section on frequently asked questions and Workers' Comp insurance fraud.Frequently Asked Questions
1. How Do I Know If I Am Covered?
Almost all South Carolina businesses with four or more employees are required to provide workers' compensation, though there are a few exceptions. Some smaller businesses choose to buy workers' compensation insurance.
To find out if you're covered, ask your employer or contact the South Carolina Workers' Compensation Commission.
2. When Does Coverage Begin?
If your company provides workers' compensation, you are automatically covered as soon as you're on the job.
3. Who Pays For Workers' Compensation?
Your employer pays all the premium for workers' compensation.
4. What Do I Do If I'm Injured On The Job?
Always tell your supervisor about the accident or injury as soon as possible, so he/she can get all the details and notify the insurance company.
If it's an emergency, get medical attention right away. If it's not an emergency, your employer will refer you to a physician and treatment facility. All accidents should be reported even if you don't feel injured.
If you do not notify your employer about the injury within a specified amount of time, you may not be covered under the workers' compensation system.
5. What If The Accident Was My Fault?
As long as the accident happened at work, or was job related, you are covered. Workers' compensation is a no-fault system, which means you're protected no matter who's at fault.
6. Do I Need An Attorney?
Since workers' compensation is a no-fault system, you do not have to prove your employer was negligent. The money you or your family will receive for medical care, lost wages, disability or death is clearly established by state law.
You do not need an attorney to collect under this system, but it is your right to hire one if you so desire.
7. How Much Money Do I Get If I Am Injured On The Job?
Your medical bills will be paid. And, while you're recovering, you're entitled to lost wages at two-thirds your regular pay, up to the limit set by law.
You may qualify for disability payments if you're unable to return to work, or if your injury forces you to take a lower-paying job. State law sets maximum benefits except in serious specific cases.
8. When Does The Money Start Coming In?
The insurance company pays your medical bills.
If you report the incident right away, your first check for lost wages will be sent to you 14 days after you were injured and unable to work. You will receive a check each week until you can return to work. If you are out of work seven days or less, South Carolina law prohibits the payment of lost wages.
To ensure quick payment of benefits, it is vital to notify your employer about the injury right away. They must then notify the insurance company so your benefits can begin.
9. How Does Workers' Compensation Fraud Affect Me?
Employees who try to get benefits for injuries that did not happen on the job drive up costs for everyone. Notify your employer, insurance company, or the South Carolina Workers' Compensation Commission if you know of any false claims.
10. Who Monitors The Workers' Compensation System?
The Workers' Compensation Commission is a large state agency responsible for carrying out workers' compensation law in South Carolina. The Commission can help you with workers' compensation questions and can settle any disputes that may arise.
11. What If I Have Questions About The Way My Case Is Being Handled?
Talk to your employer and the insurance company first. If they can't resolve your case, contact the South Carolina Workers' Compensation Commission.
12. How Do I Contact The Commission?
The South Carolina Workers' Compensation Commission is located at 1612 Marion Street in Columbia. The phone number is 803-737-5700 or SC Workers' Compensation Commission.
Fact Sheet
For 2004-2005, the latest year available (2005-2006 will be available next quarter)
Number of employers purchasing insurance: 96,504, up 4.2% from previous year
Number of accidents reported: 87,441, -1.3%
Individually reported accidents: 35,267, +20.4%
Total compensation and medical paid on closed cases: $771,537,200, +19.5%
Total medical: $286,467,000, +22.2%
Total compensation: $485,070,200, +18.0%
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