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South Carolina Workers Compensation Laws
Workers compensation policy information for the State of South Carolina
- State: South Carolina
- Authority/Rating Bureau: NCCI, National Council on Compensation Insurance
- Compulsory: Yes
- Private Insurance: Allowed
- Self-Insurance: Allowed
- State Fund: None
- Assigned Risk: Administered by NCCI.
- Numerical Exceptions: There is an exemption for employers with fewer than 4 employees. The rule of thumb is that any employer who regularly employs four or more workers full-time or part-time is required to have workers' compensation insurance. There are some exceptions, including agricultural employees, railroads, and railway express companies and their employees, and employers who had a total annual payroll during the previous year of less than $3,000, regardless of the number of workers employed during that period. Also exempt are Textile Hall Corporation and certain commission paid real estate agents. Although most employers must purchase workers' compensation insurance, any employer may purchase coverage.
- Individual Waivers Allowed: Yes, limited.
- Sole Proprietor: Excluded from coverage/may elect to be included - If included, 33,300 used as payroll for premium calculation purposes as of 1-1-7
- Partners: Excluded from coverage/may elect to be included - If included, 33,300 used as payroll for premium calculation purposes as of 1-1-7
- Corporate Officers: Included in coverage/may elect to be exempt - Min/max payroll used for included officers 15,600/130,000 as of 1-1-7
- LLC Members: Treated as partners
- Contractors: If the subcontractor does not carry workers' compensation insurance, then the owner or the principal contractor would be liable just as if the subcontractor's employee was one of their employees.
- Special Notes: The definition of an employee is quite broad. It includes full-time and part-time workers, adults and minors, and others who have been hired to do certain jobs. The critical test is the degree of control the employer exercises over the worker. The law also recognizes "statutory employees." These are employees who work for a subcontractor who may be working for a business or another contractor. Employers should inquire whether or not a subcontractor working for them has workers' compensation insurance, regardless of the number of employees employed by the subcontractor. If the subcontractor does not, the subcontractor's injured employees would be covered under the employer's workers' compensation insurance.
- Regulated By:
- South Carolina Workers' Compensation Commission
- P.O. Box 1715
- 1612 Marion Street
- Columbia, SC 29202-1715
- Phone: (803) 737-5700
- Fax: (803) 737-5768
- http://www.wcc.state.sc.us/
- Workers Compensation Statute:
- http://www.scstatehouse.net/coderegs/c067.htm
- Information on this page is provided only as a reference. While we strive to mantain accurate information on this site please realize workers compensation laws are complicated and subject to change at any time. If you need help with a workers compensation problem or have a specific situation or question please contact our office. Otherwise please consult your states governing authority or an attorney in your state of residency for assistance.
- Authority/Rating Bureau: NCCI, National Council on Compensation Insurance
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email: rks@workcompconsultant.com
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