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Two years to File
S.C. Code § 42-15-40
No-fault system
South Carolina's fault rule
Contingency Representation
Injury cases on contingency
Workers' Compensation Claims in South Carolina
A workplace injury can stop you from earning a living while medical bills keep arriving. State workers' compensation laws provide benefits for medical treatment and lost wages - but employers and their insurance carriers routinely dispute, delay, and deny legitimate claims. Our workers' compensation attorneys help injured workers navigate the system, appeal denials, and identify third-party negligence claims that can add to the total recovery beyond what workers' comp alone provides.
Our attorneys are licensed in South Carolina and handle workers' compensation claims for clients across the state, in Columbia, Charleston, Greenville, Spartanburg, and Rock Hill, and everywhere in between. There is no attorney fee unless we secure a recovery, and the rules below are the ones that will shape your South Carolina claim from the first phone call.
The South Carolina Filing Deadline
A South Carolina workers' compensation claim is generally barred two years after the accident (S.C. Code § 42-15-40), and you must give the employer notice within 90 days (S.C. Code § 42-15-20). These comp deadlines run separately from the three-year deadline for a third-party injury lawsuit.
Fault in South Carolina: No-fault system
South Carolina workers' compensation is a no-fault system. You do not have to prove the employer was at fault, and your own negligence is not a defense; the claim turns on a work-related injury and on timely notice and filing.
Wrongful Death Claims in South Carolina
South Carolina wrongful death claims (S.C. Code § 15-51-10) are brought by the executor or administrator for the surviving spouse, children, or heirs, generally within three years, and compensate the family's losses, economic support, companionship, and mental anguish. A companion survival action can recover the decedent's own pre-death damages.
Claims Against South Carolina Government Entities
Claims against South Carolina governments run through the South Carolina Tort Claims Act: generally two years to sue, extended to three years if a verified claim was filed within one year (S.C. Code §§ 15-78-80, 15-78-110), with caps on recoverable damages. The Act's procedures are technical enough that government-defendant claims should be in a lawyer's hands early.
South Carolina Workers' Compensation Claims FAQ
How long do I have to file a workers' compensation claim in South Carolina?
A South Carolina workers' compensation claim is generally barred two years after the accident (S.C. Code § 42-15-40), and you must give the employer notice within 90 days (S.C. Code § 42-15-20). These comp deadlines run separately from the three-year deadline for a third-party injury lawsuit. Claims against South Carolina government entities follow their own strict rules, described below, so it is worth getting advice early.
What happens if I was partly at fault for my workers' compensation in South Carolina?
South Carolina workers' compensation is a no-fault system. You do not have to prove the employer was at fault, and your own negligence is not a defense; the claim turns on a work-related injury and on timely notice and filing.
What does it cost to hire a workers' compensation lawyer for a South Carolina case?
Nothing up front. We handle injury cases on a contingency fee: the consultation is free, we advance case expenses, and you owe no attorney fee unless we recover for you.
Can a Hoover, Alabama firm handle my South Carolina case?
Yes. Our attorneys are licensed in Alabama, Georgia, and South Carolina, and we represent South Carolina clients by phone, video, and in person. What changes across a state line is not our involvement in the case but which rules apply, and we practice under South Carolina's.
Free South Carolina Guides on This Topic
Plain-English answers under South Carolina law, free to read before you ever call.
Hurt in Another State?
The same firm, under the rules of the state where you were hurt.