2019 South Carolina Workers' Compensation Guide

How South Carolina Workers' Compensation Works in 2019

In 2019, South Carolina workers' compensation provides medical benefits and partial wage replacement to employees injured or made ill by work. It is a no-fault system, meaning benefits are generally available regardless of fault, in exchange for limited remedies against employers. Coverage is required by law for most employers, with some exceptions. This guide focuses on what changed for the 2019 policy year, how benefits are determined, and practical steps to protect your rights and obtain timely care and compensation.

Who Must Carry Workers' Compensation Insurance in South Carolina

South Carolina requires most employers to carry workers' compensation insurance, but coverage rules depend on industry, number of employees, and business type. Key thresholds and requirements in 2019 include:

• Most employers with four or more employees (including part-time) must carry coverage.
• Construction employers typically must carry coverage with fewer employees due to higher risk.
• Agricultural employers with fewer than 10 employees may be exempt in some cases.
• Sole proprietors and certain corporate officers can elect coverage but are not automatically included.

Employees not covered may include domestic workers, longshore workers (federal jurisdiction), and railroad workers, who are governed by other systems.

Coverage Requirements at a Glance (2019)

Eligible Benefits and How They Are Calculated

Benefits in 2019 depend on injury severity, required medical care, and your ability to work. Core benefits include:

• Medical benefits: Reasonable and necessary care related to the work injury, with required approvals for some providers and treatments.
• Temporary total disability (TTD): Paid when you cannot work temporarily; typically two-thirds of your average weekly wage, subject to statutory maximums and minimums.
• Temporary partial disability (TPD): Paid if you return to light-duty work at reduced pay; calculated based on the difference in earnings.
• Permanent partial disability (PPD): Paid for lasting impairments, using schedules for specific body parts and rating guidelines.
• Vocational rehabilitation: May be available if you cannot return to your prior job and need retraining.

Note that 2019 benefit rates are tied to wage schedules and statutory caps; actual awards depend on medical evidence and, in some cases, a commission ruling.

2019 Weekly Benefit Rate Ranges

Filing a Claim and Meeting Deadlines in 2019

To preserve your rights, act promptly. In 2019 South Carolina rules:

• Report an injury to your employer as soon as practicable; written notice is strongly recommended.
• You generally have two years from the date of injury or last payment of compensation to file a claim application with the Workers' Compensation Commission.
• Medical treatment should be sought from authorized providers when possible; using nonauthorized care may limit reimbursement.
• Claims are processed by the Commission, which assigns a deputy to manage the case and issue orders on medical and compensation issues.

Delays in reporting or filing can jeopardize eligibility for benefits, so document communications and keep records of medical visits and lost time.

Common Challenges and Practical Tips

In 2019, workers often encountered disputes over medical necessity, wage calculations, and whether injuries were work-related. Practical steps include:

• Keep detailed records of injuries, medical visits, and conversations with employers or insurers.
• Follow medical treatment plans and attend authorized appointments.
• If benefits are denied or underpaid, request a formal Commission hearing to present evidence and obtain a determination.
• Consult an experienced workers' compensation attorney if you face complex issues, disputes over impairment ratings, or termination concerns.

Key Differences in South Carolina Compared with Neighboring States

South Carolina's system in 2019 was notable for moderate statutory benefit levels and a schedule-based approach to permanent partial disability. Unlike some neighbors, it did not adopt sweeping reforms in 2019, and benefit rates remained tied to wage schedules with statutory caps. Coverage rules for agriculture and construction differ in threshold requirements, and the state continued to handle claims through its Commission rather than a privatized system.