South Carolina Workers' Compensation laws & safety compliance analysis

South Carolina Workers' Compensation: What you need to know

Who Is Covered?

South Carolina employers with four or more employees and with an annual payroll of $3,000 or more must provide workers' compensation benefits for employees injured on the job.

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Exceptions. The following employees are not covered by workers' compensation unless the employer voluntarily elects to cover them:

• Corporate officers

• Casual workers employed outside the usual course of the employer's business

• Farm laborers and other agricultural employees

• Railroad employees

• Federal employees

• Employees of state and county fair associations

• People who sell agricultural products for producers

• Real estate brokers paid by commission who have executed independent contractor agreements

• Pilots operating aircraft applying fertilizers or pesticides to agricultural crops if the Industrial Commission has issued written approval of an insurance policy and the proof of coverage for each pilot has been filed with the Industrial Commission prior to the pilot actually operating an aircraft

Employers may elect to cover exempt workers by filing a written notice to this effect with the Workers' Compensation Commission. Coverage becomes effective 30 days after filing.

Leased employees. The question of who has responsibility for workers' compensation coverage, the leasing or client company, must be settled by an agreement and a contract between the two entities. If the leasing company accepts liability, it must conduct a good-faith investigation of the client company's operation.

What Is Covered?

"No-fault" system. Workers' compensation is a no-fault system. Employees do not have to prove that the employer's negligence caused the injury. To be compensable under workers' compensation, the injury need only arise "out of and in the ...


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