How long do I have to file a claim?

You have 2 years from date of accident to file a formal workers' compensation claim [§ 42-15-40].

What if my employer does not have insurance?

If your employer is required to carry workers' compensation insurance and fails to do so, they may face penalties and you may still be able to recover benefits through the state.

Do I need an attorney to file a claim?

While an attorney is not required, having legal representation can be especially helpful if your claim is disputed or involves complex medical issues.

What if I was partially at fault for my injury?

Workers' compensation is a no-fault system. In most cases, benefits are available regardless of who caused the accident.

Topic guideUpdated 2026-02-27

Filing a Workers' Comp Claim in South Carolina — Steps & Deadlines

Q: How do I report a workplace injury?

You must notify your employer within Immediately or as soon as practicable; no later than 90 days after the accident or death (for repetitive trauma, 90 days after the employee discovered or reasonably could have discovered the condition is compensable), unless the Commission accepts a reasonable excuse and finds no prejudice to the employer [§ 42-15-20]. Written notice is recommended to create a clear record.

How to report a workplace injury, file a workers' compensation claim, and meet deadlines in South Carolina.

Filing a workers' compensation claim in South Carolina involves specific steps and deadlines that must be followed carefully.

Step 1: Report the Injury

You must report your workplace injury to your employer within Immediately or as soon as practicable; no later than 90 days after the accident or death (for repetitive trauma, 90 days after the employee discovered or reasonably could have discovered the condition is compensable), unless the Commission accepts a reasonable excuse and finds no prejudice to the employer §42-15-20. Written notice is always recommended even if verbal notice is given.

⚠Failure to give timely notice can be used by the employer or insurer as grounds to deny your claim.

Step 2: Get Medical Treatment

Employer selects the treating physician; employee may request a change through the Commission §42-15-60. Make sure to:

Tell the doctor your injury is work-related

Follow the treatment plan completely

Keep copies of all medical records and bills

Report any work restrictions to your employer

Step 3: File the Formal Claim

You have 2 years from date of accident to file a formal claim §42-15-40. Claims filed with the SC Workers' Compensation Commission; heard by a single commissioner §42-17-40; §42-17-20.

Step 4: Investigation and Response

After filing, the employer's insurer will investigate the claim. They may accept, partially accept, or deny the claim. If denied, you have the right to request a hearing.

What Happens at a Hearing?

Claims filed with the SC Workers' Compensation Commission; heard by a single commissioner §42-17-40; §42-17-20. Appeal to the Full Commission Appellate Panel, then to SC Court of Appeals and SC Supreme Court.

✓An experienced workers' compensation attorney can significantly improve your chances of a successful claim, especially if the claim is denied or disputed.

Prepare for Your Consultation

Quick checklist (Workers’ Compensation)

Gather these before your first consultation.

Incident report

(employer report, date/time of injury)

Medical records

(doctor visits, diagnoses, treatment plans)

Wage documentation

(pay stubs, tax returns, employment records)

General preparation tips only. Specific needs depend on your state and claim type.

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Common Questions

Frequently Asked Questions

General answers to common questions. Specific outcomes depend on your facts and timing.

If you have a deadline, court notice, or upcoming hearing, mention it when requesting assistance so timing can be evaluated promptly.

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South Carolina Workers' Comp Benefits — TTD, PPD & Medical Coverage

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Denied Workers' Comp Claims in South Carolina — Your Options

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Legal authoritiesStatutes referenced on this page

S.C. Code § 42-15-20

Employer Notice Requirement

Employee must report workplace injury within Immediately or as soon as practicable; no later than 90 days after the accident or death (for repetitive trauma, 90 days after the employee discovered or reasonably could have discovered the condition is compensable), unless the Commission accepts a reasonable excuse and finds no prejudice to the employer.

Immediately or as soon as practicable; no later than 90 days after the accident or death (for repetitive trauma, 90 days after the employee discovered or reasonably could have discovered the condition is compensable), unless the Commission accepts a reasonable excuse and finds no prejudice to the employer

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Verified 2026-09-28 · quarterly review

S.C. Code § 42-15-40

Claim Filing Deadline

Formal claim must be filed within 2 years from date of accident.