How to File a Workers' Compensation Claim in South Carolina
Reviewed by DocDraft Legal Team · South Carolina · Last updated 2026-09-07
A workers' compensation claim is how an employee who is injured on the job, or made ill by work, obtains medical care and wage-replacement benefits from the employer's insurer, without having to prove the employer was at fault. In South Carolina, the system is administered by the South Carolina Workers' Compensation Commission, which also adjudicates disputed claims. Two deadlines are critical. You must report the injury to your employer immediately, and no compensation is payable unless notice is given within 90 days of the accident (S.C. Code 42-15-20). Separately, you must file a Form 50 Employee's Notice of Claim with the Commission within two years of the accident (S.C. Code 42-15-40). The employer or its insurance carrier usually files a Form 12A First Report of Injury and directs you to an authorized doctor, the carrier decides to accept, delay, or deny the claim, and if it is disputed a single Commissioner decides your case at a hearing, subject to review by the Full Commission. Attorney review of your claim is available through DocDraft.
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How do I file a workers' compensation claim in South Carolina?
First, report your injury to your employer immediately, and no later than 90 days after the accident (S.C. Code 42-15-20). To protect your claim, file a Form 50 with the South Carolina Workers' Compensation Commission within two years of the accident (S.C. Code 42-15-40).
How long do I have to file a workers' compensation claim in South Carolina?
Two deadlines matter. You must report the injury to your employer within 90 days of the accident (S.C. Code 42-15-20). Separately, you must file a Form 50 claim with the South Carolina Workers' Compensation Commission within two years of the accident (S.C. Code 42-15-40). Missing either can bar benefits.
What is the Form 50 claim form in South Carolina?
Form 50 is South Carolina's Employee's Notice of Claim. You file it with the Workers' Compensation Commission to open or protect your claim. There is no fee to file it unless you request a hearing, which costs $50. You can download Form 50 from the Commission's website.
Who handles workers' compensation claims in South Carolina?
The South Carolina Workers' Compensation Commission administers the system and decides disputes. Day to day, your employer's insurance carrier accepts, delays, or denies your claim and pays benefits. If you disagree, a single Commissioner hears the case after you file a Form 50, with review by the Full Commission.
South Carolina workers' compensation claim law at a glance
In South Carolina, workers' compensation gives an employee who is injured on the job medical care and wage-replacement benefits from the employer's insurer, regardless of fault. The system is administered by the South Carolina Workers' Compensation Commission, which also decides disputed claims. You must report the injury to your employer immediately, and no compensation is payable unless notice is given within 90 days of the accident (S.C. Code 42-15-20). The employer or its carrier usually files a Form 12A First Report of Injury and directs you to an employer-chosen doctor. To protect your right to benefits, you must file a Form 50 Employee's Notice of Claim with the Commission within two years of the accident (S.C. Code 42-15-40). If your claim is denied or disputed, a single Commissioner decides it at a hearing.
Filing a South Carolina workers' compensation claim after a warehouse back injury
Suppose you hurt your back lifting boxes at a South Carolina warehouse. You tell your supervisor the same day and follow up in writing, staying well inside the 90-day reporting deadline (S.C. Code 42-15-20). Your employer files a Form 12A First Report of Injury and sends you to its authorized doctor, and the carrier starts paying for treatment. Later the carrier disputes how much wage-replacement you are owed. Because you must file within two years of the accident (S.C. Code 42-15-40), you file a Form 50 Employee's Notice of Claim with the South Carolina Workers' Compensation Commission and request a hearing before a single Commissioner. Attorney review of your claim is available through DocDraft.
Relevant Laws
S.C. Code 42-15-20 (90-day notice of injury to employer)
Requires the injured employee to give the employer notice of the accident immediately or as soon as practicable, and provides that no compensation is payable unless such notice is given within 90 days after the occurrence of the accident or death, absent a reasonable excuse accepted by the Commission.
S.C. Code 42-15-40 (two-year period to file a claim)
Provides that the right to compensation is barred unless a claim is filed with the Commission within two years after the accident, or within two years of the date of death if death resulted, with distinct timing rules for occupational disease and repetitive trauma injuries.
South Carolina Workers' Compensation Commission, Injured Worker FAQs
The Commission instructs workers to report all injuries to the employer immediately, warns that failing to report within 90 days may disqualify you from benefits, and explains that the worker must file a Form 50 within two years to protect the claim.
South Carolina Workers' Compensation Commission, Forms (Form 50 and Form 12A)
The Commission publishes the claim forms, including Form 50 (Employee's Notice of Claim), filed by the worker with no fee unless a hearing is requested, and Form 12A (First Report of Injury), typically filed by the employer or its carrier.
Regional Variances
South Carolina workers' compensation claim rules at a glance
Reporting deadline
Report the injury to your employer immediately. No compensation is payable unless notice is given within 90 days of the accident, under S.C. Code 42-15-20. Failing to report within 90 days may disqualify you from benefits.
Claim form
Form 50, the Employee's Notice of Claim, filed by the worker with the Commission. The employer or its carrier separately files Form 12A, the First Report of Injury. There is no fee to file Form 50 unless you request a hearing.
Filing deadline
Generally two years from the date of the accident to file the claim with the South Carolina Workers' Compensation Commission (S.C. Code 42-15-40). Occupational disease and repetitive trauma injuries follow separate timing rules.
Who administers it
The South Carolina Workers' Compensation Commission. Disputed claims are heard by a single Commissioner, whose decision can be reviewed by the Full Commission on a Form 30 Request for Commission Review.
How disputes are filed
By filing a Form 50 requesting a hearing with the Commission's Judicial Department, along with a $50 fee, when the carrier denies, delays, or underpays the claim. This must occur within the two-year period under S.C. Code 42-15-40.
Suggested Compliance Checklist
Report the injury to your employer
Immediately, and within 90 days of the accident days after startingGive your employer notice of the injury immediately and put it in writing. No compensation is payable unless notice is given within 90 days of the accident (S.C. Code 42-15-20). The Commission warns late reporting may disqualify you from benefits, so keep a dated copy.
Get treatment from an employer-authorized doctor
As soon as you are injured days after startingAsk your employer or its insurance carrier to direct you to an authorized treating physician, because in South Carolina the employer chooses the doctor. If you use your own doctor, the carrier may refuse to pay those bills, so confirm authorization before each appointment.
Confirm the employer files the First Report of Injury
Shortly after you report days after startingThe employer or its carrier usually files a Form 12A First Report of Injury with the Commission and opens the file. Track the date you reported the injury, keep every letter and bill, and note whether the carrier accepts, delays, or denies the claim.
File your own Form 50 claim with the Commission
Within two years of the accident days after startingComplete a Form 50 Employee's Notice of Claim and submit it to the South Carolina Workers' Compensation Commission to protect your rights, even if the employer already reported (S.C. Code 42-15-40). There is no fee unless you request a hearing. Attorney review is available through DocDraft.
Track the carrier's decision and your deadlines
While the claim is pending days after startingThe carrier will accept, delay, or deny your claim. Keep proof of everything you send, calendar the two-year filing window under S.C. Code 42-15-40, and note the accident date so you do not lose the right to compensation.
Request a hearing if the claim is disputed
Within two years of the accident days after startingIf the claim is denied, unreported, or underpaid, file a Form 50 requesting a hearing with the Commission's Judicial Department and a $50 fee (S.C. Code 42-15-40). A single Commissioner decides the benefits due. File early to protect your rights.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Report the injury to your employer | Give your employer notice of the injury immediately and put it in writing. No compensation is payable unless notice is given within 90 days of the accident (S.C. Code 42-15-20). The Commission warns late reporting may disqualify you from benefits, so keep a dated copy. | - | Immediately, and within 90 days of the accident |
| Get treatment from an employer-authorized doctor | Ask your employer or its insurance carrier to direct you to an authorized treating physician, because in South Carolina the employer chooses the doctor. If you use your own doctor, the carrier may refuse to pay those bills, so confirm authorization before each appointment. | - | As soon as you are injured |
| Confirm the employer files the First Report of Injury | The employer or its carrier usually files a Form 12A First Report of Injury with the Commission and opens the file. Track the date you reported the injury, keep every letter and bill, and note whether the carrier accepts, delays, or denies the claim. | - | Shortly after you report |
| File your own Form 50 claim with the Commission | Complete a Form 50 Employee's Notice of Claim and submit it to the South Carolina Workers' Compensation Commission to protect your rights, even if the employer already reported (S.C. Code 42-15-40). There is no fee unless you request a hearing. Attorney review is available through DocDraft. | - | Within two years of the accident |
| Track the carrier's decision and your deadlines | The carrier will accept, delay, or deny your claim. Keep proof of everything you send, calendar the two-year filing window under S.C. Code 42-15-40, and note the accident date so you do not lose the right to compensation. | - | While the claim is pending |
| Request a hearing if the claim is disputed | If the claim is denied, unreported, or underpaid, file a Form 50 requesting a hearing with the Commission's Judicial Department and a $50 fee (S.C. Code 42-15-40). A single Commissioner decides the benefits due. File early to protect your rights. | - | Within two years of the accident |
Frequently Asked Questions
A workers' compensation claim is how an employee injured on the job, or made sick by work, obtains medical care and wage-replacement benefits from the employer's insurer, without proving fault. In South Carolina, you protect your claim by reporting the injury to your employer and filing a Form 50 with the Workers' Compensation Commission.
Reporting means telling your employer about the injury, which you must do within 90 days (S.C. Code 42-15-20). Filing the claim is the separate step of submitting a Form 50 to the Workers' Compensation Commission within two years (S.C. Code 42-15-40). Reporting comes first; filing the Form 50 protects your rights.
Report the injury to your employer immediately. No compensation is payable unless notice is given within 90 days of the accident (S.C. Code 42-15-20). The South Carolina Workers' Compensation Commission warns that failing to report within 90 days may disqualify you from receiving benefits, so report promptly.
Generally, you have two years from the date of the accident to file your claim with the South Carolina Workers' Compensation Commission (S.C. Code 42-15-40). For occupational disease, the two years runs from diagnosis and notice. Missing the deadline bars your right to compensation.
Reporting late can cost you benefits. S.C. Code 42-15-20 says no compensation is payable unless notice is given within 90 days of the accident. The Commission can excuse late notice only for a reasonable excuse when the employer was not prejudiced, so report as soon as you can.
Day to day, your employer's insurance carrier accepts, delays, or denies the claim and pays benefits. If you disagree, the South Carolina Workers' Compensation Commission resolves the dispute. After you file a Form 50 requesting a hearing, a single Commissioner hears evidence, with review available by the Full Commission.
No. South Carolina workers' compensation is a no-fault system, so you do not have to prove your employer did anything wrong to receive benefits. You generally need to show the injury arose out of and in the course of your employment. Benefits are set by statute, not a jury.
If the carrier denies or delays your claim, file a Form 50 with the Commission's Judicial Department requesting a hearing, along with a $50 fee. You generally must do so within two years of the accident (S.C. Code 42-15-40). Attorney review of your case is available through DocDraft.
Other South Carolina guides
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Dealing With Debt Collectors in South Carolina (2026)
Expunging a Criminal Record in South Carolina (2026)
Filing Chapter 7 Bankruptcy in South Carolina (2026)
Firing an Employee in South Carolina (2026)
How to Appeal an Unemployment Denial in South Carolina
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