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Workers’ compensation — South Carolina

The South Carolina Workers’ Compensation Act provides the exclusive remedy for most injuries that an employee might suffer on the job. This means that employees are limited to the recovery amounts provided for in the Act and cannot sue their employer for additional amounts. The Act, together with the regulations issued by the Workers’ Compensation Commission, is complex and technical in nature. This topic is designed merely to provide a broad overview of the law.

Coverage

The South Carolina Workers' Compensation Act applies to all employers and employees in the state, with the following primary exceptions:

  • railroads, railroad employees and railway express companies and their employees (these employees are covered by other laws)
  • persons whose employment is casual (meaning irregular, unpredictable, sporadic and brief in nature) or not in the ordinary course of the trade, business, profession or occupation of the employer
  • federal employees
  • agricultural employees
  • employers who regularly have employed less than four employees or who had a total annual payroll during the previous calendar year of less than $3,000.

Subcontractors are not...


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