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Workers' Compensation Summary - South Carolina

The South Carolina Workers' Compensation Commission is responsible for administration of the South Carolina Workers' Compensation laws. The following brief summary is intended to provide a general overview of Workers' Compensation coverage and benefits in South Carolina. See the separate topic for help with acronyms. For further information contact your local or state Workers' Compensation Program office. This information is based on data originally provided by the U.S. Department of Labor and updated by the South Carolina Workers' Compensation Commission, and is believed current as of January 2011.

In South Carolina, compensation benefits are adjusted annually, and changes become effective January 1 of each year. The rates shown below are in effect for calendar year 2011.

Type of Law and Insurance Requirements

In South Carolina, workers' compensation is compulsory, and some waivers are permitted. There is no state fund. Employers may insure through private carriers, self-insurance, or through groups of employers. There is an exemption for employers with fewer than 4 employees.

Coverage of Agricultural Workers

Employers may secure coverage voluntarily, even though no statutory provisions are prescribed.

Coverage of Domestic Employees

Covers situations of four or more domestic workers except those whose employer had a total annual payroll during the previous calendar year of less than $3,000.

Medical Benefits

Full medical benefits are provided with no time or monetary limitations.

Benefits for Temporary Total Disability (TTD)

The percentage of worker's wage paid is 66 2/3. For weekly payments, the minimum is $75 or average wage, if less, and the maximum is $704.92, 100% of SAWW. The maximum period of payments is 500 weeks.

Benefits for Permanent Total Disability (PTD)

Benefits for Permanent Partial Disability (PPD)

The percentage of worker's wage paid is 66 2/3. For weekly payments, the minimum is $75 or average wage if less, and the maximum is $704.92, 100% of SAWW. For non-scheduled injuries, the maximum period of payments is 340 weeks, and the maximum payment amount is $239,672, except lifetime if paraplegic, quadriplegic, or brain damaged.

Disfigurement Benefits

South Carolina law covers disfigurement that is "Serious and permanent of face, head, neck, or other area normally exposed in employment". Benefits are proper and equitable benefits, unless benefits are otherwise payable for the loss, except that benefits shall be paid for serious burn and keloid scars in addition to other benefits. The maximum payment period is 50 weeks.

Offset Provisions in State Laws

Section 42-7-67(A)&(C)--Compensation for an injury or death of a member of the State National Guard will be reduced by the amount of any Federal benefit payments; however, if the State benefits are greater than the Federal benefits due, the member may elect to receive the State benefits and thereby not be subject to any offset of benefit payments.

Contact Information

South Carolina Workers' Compensation Commission
P.O. Box 1715
1612 Marion Street
Columbia, SC 29202-1715

Phone: (803) 737-5700
Fax: (803) 737-5768

Internet: http://www.wcc.state.sc.us/

Additional Information

The text of Title 42 - Workers Compensation may be found online in the South Carolina Code of Laws at:
http://www.scstatehouse.net/code/titl42.htm

The text of Section 67 - Workers' Compensation Regulations may be found online in the South Carolina Code of Regulations at:
http://www.scstatehouse.net/coderegs/c067.htm

Other State's Summaries

Curious about the Workers' Compensation program in another state? Want to see a summary like this one? Click here to select another state's summary.

Source

Some information for this topic was drawn from:
http://www.wcc.state.sc.us/
http://www.wcc.state.sc.us/links.htm
http://www.wcc.state.sc.us/Welcome+and+Overview/Compensation+Rates/

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