What Is a Workers' Compensation Case in Charleston, SC?

Hurt on the job in Charleston? Roden Law's King Street lawyers handle South Carolina workers' compensation claims and third-party injury claims. Free consultation, no fee unless we win.

— Reviewed by Graeham C. Gillin, Partner, COO at Roden Law ·

Key Takeaways

If you were hurt at work in Charleston, South Carolina law requires you to notify your employer right away, and no later than 90 days (S.C. Code § 42-15-20) and to file a claim with the South Carolina Workers' Compensation Commission within two years of the accident (S.C. Code § 42-15-40). You do not have to prove fault, but workers' compensation is generally your exclusive remedy against your employer, with no pain-and-suffering damages (S.C. Code § 42-1-540). Total disability pays 66 2/3% of your average weekly wage, up to the state average weekly wage, generally for up to 500 weeks (S.C. Code § 42-9-10). Roden Law's Charleston office at 127 King Street handles workers' comp claims: the consultation is free and there is no fee unless we win.

Visit Our Charleston Office

Roden Law — Charleston 127 King Street, Suite 200, Charleston, SC 29401

Getting here: Our Charleston office is downtown at 127 King Street, Suite 200, between Broad and Queen streets, about a block from the Charleston County Judicial Center. From I-26 East, take Exit 221B onto Meeting Street heading south toward Broad Street. From Mount Pleasant, cross the Ravenel Bridge and follow US-17 S to the Meeting Street exit. Street and garage parking available nearby.

Why Hire Roden Law After a Charleston Workplace Injury

Workers’ compensation is supposed to be simple: you get hurt at work, and benefits pay for your treatment and part of your lost wages. In practice, claims are delayed, benefits are cut off early, and injured workers are told they missed a deadline. Our Charleston lawyers handle the claim so you can focus on getting better.

  • No fee unless we win. The consultation is free, and you pay nothing up front.
  • A South Carolina lawyer on your case. Your claim is handled under South Carolina law by attorneys licensed here, from our office at 127 King Street.
  • Deadlines tracked for you. Notice to your employer and the claim with the South Carolina Workers’ Compensation Commission each have their own deadline.
  • Third-party claims found. If someone other than your employer caused the injury, a separate claim can recover what workers’ comp does not.

Where Charleston Workplace Injuries Happen

The port and logistics

Terminal, trucking and warehouse work around the Port of Charleston produces crush, struck-by and lifting injuries. Some port and maritime workers are covered by federal law rather than South Carolina workers’ compensation. See longshoreman injury claims.

Manufacturing and aerospace

Plants in North Charleston produce machinery, repetitive-motion and chemical-exposure injuries. See workplace injuries at North Charleston plants. Our North Charleston office at 2703 Spruill Avenue is close to the industrial corridor.

Construction

Charleston’s building boom brings falls, equipment accidents and trench and scaffold injuries. See construction worker injuries in Charleston.

Hospitals, hotels and restaurants

Healthcare, hospitality and restaurant workers downtown are hurt lifting patients and guests’ luggage, on wet floors and in kitchens. Repetitive strain counts too; see occupational disease claims.

South Carolina Workers’ Compensation Rules

Two deadlines, not one

You must give your employer notice of the injury right away, and no later than 90 days after the accident (S.C. Code § 42-15-20), and file your claim with the South Carolina Workers’ Compensation Commission within two years of the accident (S.C. Code § 42-15-40). Telling your supervisor is not the same as filing a claim.

Fault does not matter, with two exceptions

You do not have to prove your employer was careless. No compensation is payable if the injury was caused by the worker’s intoxication or wilful intention to injure himself or another, and the party raising that defense has to prove it (S.C. Code § 42-9-60).

What workers’ comp pays

Total disability pays 66 2/3% of your average weekly wage, no more than the state average weekly wage, for up to 500 weeks, or for life for a worker left paraplegic, quadriplegic or with physical brain damage (S.C. Code § 42-9-10). See how much South Carolina workers’ comp pays, South Carolina body part values and impairment ratings and MMI.

You usually cannot sue your employer, but you may be able to sue someone else

Where you and your employer are under the Act, workers’ compensation is your exclusive remedy against the employer: no lawsuit and no pain-and-suffering or punitive damages from the employer (S.C. Code § 42-1-540). A claim against a third party, such as a negligent driver or the maker of a defective machine, is separate. See third-party workplace injury claims.

If your claim has been denied, see what to do after a denial and denied workers’ comp claims. For the rest of South Carolina, see our South Carolina workers’ compensation lawyers.

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What to Do After a Workplace Injury in Charleston, SC

  1. Report the injury to your employer. Notify a supervisor or HR in writing right away, and no later than 90 days after the injury (S.C. Code § 42-15-20). Missing it can bar your claim entirely.
  2. Get medical care right away. Get emergency care if you need it. Then ask your employer or its insurer, in writing, which doctor is authorized to treat you, and keep a copy of the request.
  3. Keep every medical record. Keep copies of every visit summary, work restriction and bill, and tell each doctor that the injury happened at work.
  4. Document the injury and the conditions that caused it. Photograph the equipment, work area, and any hazard. Note who witnessed the incident and what you reported, to whom, and when. Keep copies of every form you sign.
  5. File your claim before the deadline. Reporting the injury to your employer is not the same as filing a claim. File with the S.C. Workers' Compensation Commission (Form 50) — 2 years from the date of injury (S.C. Code § 42-15-40).
  6. Do not give a recorded statement without advice. The insurance adjuster works for your employer's carrier, not for you. You are generally not required to give a recorded statement before speaking with an attorney.
  7. Ask whether you also have a third-party claim. Workers' compensation does not pay for pain and suffering. If someone other than your employer contributed to the injury — a negligent driver, a contractor on site, or a defective machine's manufacturer — a separate claim may recover damages comp cannot. Roden Law offers free consultations.

South Carolina Workers' Compensation Law

Deadline to File a Claim 2 years (S.C. Code § 42-15-40)
Notify your employer right away, and no later than 90 days after the injury (S.C. Code § 42-15-20)
Fault No-fault — benefits do not depend on proving employer negligence

Do I Have a Workers' Compensation Case in Charleston?

Workers’ compensation is a no-fault statutory scheme that replaces common-law negligence: the injured worker need not prove fault, but in exchange gives up the right to sue the employer for tort damages (the “exclusive remedy” bar). To qualify, the injury must “arise out of and in the course of” employment. In South Carolina, where employer and employee are under the Act, workers’ compensation is the worker’s exclusive remedy against the employer (S.C. Code § 42-1-540). Third-party tort claims against someone other than your employer remain available (e.g., a defective machine manufacturer, a negligent driver who hits you at work, a property owner where you were injured) and can be pursued in parallel with the workers’ comp claim.

Types of Compensation in South Carolina Workers' Compensation Cases

There is no recovery for pain and suffering in workers’ compensation — only statutory benefits: medical care, temporary total disability (TTD) at 2/3 of average weekly wage subject to a state maximum, permanent partial disability per the body-part schedule, and (for fatalities) death benefits to surviving dependents. In South Carolina, total disability pays 66 2/3% of the average weekly wage, no more than the state average weekly wage, for up to 500 weeks, or for life for a worker left paraplegic, quadriplegic or with physical brain damage (S.C. Code § 42-9-10). Third-party tort recoveries fund the noneconomic damages workers’ comp does not cover.

Free Case Review — No Fees Unless We Win Available 24/7 · Georgia & South Carolina
844-RESULTS

Roden Law Charleston Workers’ Compensation Lawyers Results at a Glance

$300M+ Recovered for injured clients across Georgia and South Carolina
4.9 / 5.0 Average client rating across 170+ verified Google reviews from our six offices
5,000+ Cases successfully handled since 2013
62 years Combined attorney experience across 6 office locations

Source: Roden Law firm records and verified Google Business Profile reviews, updated August 2026.

Recent Case Results

Results shown are gross settlement/verdict amounts before fees and costs. Past results do not guarantee similar outcomes.

About the Author

Graeham C. Gillin, Partner, COO at Roden Law

Graeham C. Gillin

Partner, COO

Frequently Asked Questions

Contact Our Charleston Office Today

If you were hurt on the job in Charleston, contact us for a free, no-obligation review of your workers’ compensation claim and any third-party claim. Call (843) 790-8999 — no upfront cost.