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South Carolina Workers’ Compensation Lawyers

Key Takeaways

If you were hurt on the job in South Carolina, the workers' compensation system — governed by the South Carolina Workers' Compensation Act (S.C. Code Title 42), not the general tort statute of limitations — generally entitles you to medical treatment and wage-replacement benefits regardless of who was at fault. You must report your injury to your employer promptly (in writing where possible) and there are firm deadlines to file a claim with the South Carolina Workers' Compensation Commission. Benefits can include covered medical care, a portion of lost wages, and compensation for permanent impairment. If your claim is denied or your benefits are cut off, you have the right to appeal. Roden Law has offices in Charleston, North Charleston, Columbia, and Myrtle Beach and represents injured workers statewide on a contingency fee — no fees unless we win.

A workplace injury can put your health, your paycheck, and your family at risk all at once. South Carolina’s workers’ compensation system is supposed to provide medical care and wage benefits no matter who was at fault — but employers and their insurers do not always make it easy. Roden Law’s South Carolina workers’ compensation lawyers help injured workers get the benefits they are owed and fight back when a claim is denied or cut short. We serve injured workers statewide from offices in Charleston, North Charleston, Columbia, and Myrtle Beach, on a contingency fee — no fees unless we win.

What benefits does South Carolina workers’ compensation provide?

Under the South Carolina Workers’ Compensation Act (S.C. Code Title 42), an injured worker is generally entitled to:

  • Medical treatment for the work injury, covered by the employer’s insurer.
  • Wage-replacement benefits — a portion of your average weekly wage while you cannot work.
  • Permanent disability or impairment benefits if the injury leaves lasting effects.
  • Vocational and related benefits in some cases, depending on the injury.

Importantly, workers’ comp is a no-fault system: you generally do not have to prove your employer did anything wrong to qualify.

What deadlines apply to a South Carolina workers’ comp claim?

Workers’ comp runs on its own timeline, separate from the 3-year deadline for ordinary injury lawsuits. You must report your injury to your employer within 90 days of the accident (S.C. Code § 42-15-20) — in writing whenever possible — and you must file your claim with the South Carolina Workers’ Compensation Commission within 2 years of the injury (S.C. Code § 42-15-40). Missing either deadline can cost you your benefits, so report the injury right away and do not wait to file. (Some injuries, such as repetitive-trauma or occupational-disease conditions, follow special rules for when the clock starts.)

What should I do if my workers’ comp claim is denied?

Denials are common — insurers may dispute whether the injury is work-related, whether it is as serious as you say, or whether you reported it in time. A denial is not the end. You have the right to request a hearing before the South Carolina Workers’ Compensation Commission and to appeal. A workers’ compensation lawyer can gather the medical evidence, meet the deadlines, and present your case at the hearing.

Can I sue a third party in addition to my workers’ comp claim?

Workers’ comp usually bars you from suing your own employer, but if someone other than your employer caused your injury — for example, a negligent driver, a defective machine, or an outside contractor — you may have a separate third-party personal injury claim. That claim can recover damages workers’ comp does not, such as full lost wages and pain and suffering. South Carolina’s comparative negligence rule applies to that separate claim.

Talk to a South Carolina workers’ compensation lawyer for free

If you were hurt at work anywhere in South Carolina, Roden Law will explain your rights, help you meet the deadlines, and fight a denial if one comes. A workers’ compensation attorney will review your case at no cost, and there are no fees unless we win. Explore our workers’ compensation practice.

South Carolina Law That Affects Your Case

Filing Deadline (Statute of Limitations)

3 years

South Carolina generally gives injured people 3 years from the date of injury to file a personal injury lawsuit. Some claims — especially those against a government entity under the South Carolina Tort Claims Act — have shorter deadlines.

S.C. Code § 15-3-530

Modified Comparative Negligence

51% bar

Under South Carolina’s modified comparative negligence rule, you can still recover compensation as long as you were less than 51% at fault. Your award is reduced by your share of fault — insurers often try to inflate it, and our attorneys push back.

Roden Law Offices Serving All of South Carolina

Charleston

127 King Street, Suite 200
Charleston, SC 29401

(843) 790-8999

North Charleston

2703 Spruill Ave
North Charleston, SC 29405

(843) 612-6561

Columbia

1545 Sumter St., Suite B
Columbia, SC 29201

(803) 219-2816

Myrtle Beach

631 Bellamy Ave., Suite C-B
Murrells Inlet, SC 29576

(843) 612-1980

Frequently Asked Questions

Free Case Review — No Fee Unless We Win

If you were injured in a South Carolina workers' compensation, a Roden Law attorney will review your case at no cost and explain your options. We work on a contingency fee basis — you pay nothing unless we recover for you.

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