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South Carolina Workers Compensation Laws

Workers compensation law, rules and policy information for the State of South Carolina

State:  South Carolina

Updated:  01-10-2017

Authority/State Rating Bureau:  NCCI

National Council on Compensation Insurance (NCCI)
901 Peninsula Corporate Circle
Boca Raton, FL 33487-1362

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.

Small Deductible Program:
Sole Proprietor:  Excluded from coverage/may elect to be included - If included,$36,700 is used as payroll for premium calculation purposes as of 7-1-11, $37,700 as of 9-1-2012, $37,700 as of 2-1-2013, $38,700 as of 9-1-2013. $39,100 as of 9-1-2014. $39,800 as of 9-1-2015. $40,800 as of 9-1-2016.

Partners:  Excluded from coverage/may elect to be included - If included, $36,700 is used as payroll for premium calculation purposes as of 7-1-11, $37,700 as of 9-1-2012, $37,700 as of 2-1-2013, $38,700 as of 9-1-2013. $39,100 as of 9-1-2014. $39,800 as of 9-1-2015. $40,800 as of 9-1-2016.

Corporate Officers:  Included in coverage/may elect to be exempt - when included the rating payroll is banded between a minimum of $36,400 and a maximum of $145,600 as of 7-1-11, $39,000 / $150,800 as of 9-1-2012, $39,000 / $150,800 as of 2-1-2013, $39,000 / $156,000 as of 9-1-2013. $20,800 / $156,000 as of 9-1-2014. $20,800 / $161,200 as of 9-1-2015. $400 min / $3100 max per week as of 9-1-2016.

LLC Members:  Treated as partners

Election or Rejection of Coverage Forms:  South Carolina Corporate Officer Rejection Form

Other South Carolina Workers Compensation Forms:  South Carolina Workers Compensation Forms

A Note About Forms:  Contact your insurance company for information about additional forms they may use for exclusion or inclusion of coverage.

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.

Experience Rating Eligibility:  South Carolina employers will receive an experience modification rate or EMR when they meet one of these triggers:
  • $9,000 in policy premium is generated during the last year or last two years.
  • $4,500 is the average policy premium generated for more than two years.

South Carolina Workers Compensation Subrogation:  South Carolina state statute 42-1-560 addresses the subrogation of workers compensation for this state. This statute is known as; Right to compensation not affected by liability of third party. It's found under South Carolina Title 42 Chapter 1 and can be viewed online by using the link below. Once at this link just scroll down to 42-1-560.

South Carolina Statute Of Subrogation

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

Workers Compensation Statute: 

South Carolina Workers Compensation Statute

Didn't find what you're looking for? Search here for more about South Carolina rules: 

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. No warranty as to the accuracy or completeness of this information is provided or to be implied. You must verify this data before use with the individual governing authority for this state. 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.

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