Skip to content
MyClaimWorth
SC
★ South Carolina · head & brain

Head & brain settlements
in South Carolina.

By Reviewed by Abd Shanti, Founder9 min read

In South Carolina a worker who proves physical brain damage gets comp benefits for life instead of 500 weeks, so that finding is often the whole case. Two workers struck in the head, one by a crane and one by a ceiling tile, had their cases sent back on that issue. A father hurt catching at a Cub Scout softball game lost his claim.

Facts that decide a head & brain claim in South Carolina

Lifetime comp benefitsTotal disability benefits normally stop at 500 weeks, but a worker who is paraplegic, quadriplegic or has suffered physical brain damage receives benefits for life.S.C. Code § 42-9-10(C)
Fault ruleA plaintiff “may recover damages if his or her negligence is not greater than that of the defendant,” with the award reduced by that share; with several defendants, the comparison is to their combined negligence.Nelson v. Concrete Supply Co. (S.C. 1991)
Deadline to sueThree years for “any injury to the person or rights of another, not arising on contract.”S.C. Code § 15-3-530(5)
united states · sister site
Your head & brain claim in South Carolina. See the number for your own case.

FairSettlement gives you a free estimate for your own head & brain case in about two minutes, no cost and no obligation.

Check my case
★ SC · reported head & brain outcomes

What South Carolina courts have awarded.

Real South Carolina decisions and verdicts, each linked to the court record or official report.

  • Fragosa v. Kade Construction
    South Carolina Court of Appeals · 2013
    Affirmed in part; remanded on brain damage

    In November 2007 construction worker Hector Fragosa was hit in the head by part of a crane and knocked off the roof of a parking garage, then flown by helicopter to the Medical University of South Carolina. The Appellate Panel found he did not suffer physical brain damage and so was not entitled to lifetime benefits. The Court of Appeals affirmed in part and remanded.

  • Baker v. Hilton Hotels
    South Carolina Court of Appeals · 2013
    Remanded to clarify brain damage finding

    In May 2008 a piece of ceiling tile fell and struck maintenance worker Bobby Baker on the head; he lost consciousness and was diagnosed with a scalp laceration and head contusion, and later had back and neck pain and ringing in his ears. Two of his doctors later said he had a permanent physical brain injury. The court sent the case back for the Appellate Panel to clarify its brain damage finding.

  • Cole v. Boy Scouts of America
    Supreme Court of South Carolina · 2011
    Summary judgment for baserunner affirmed

    In March 2004 David Cole was catching in a father and son softball game on a Cub Scout camping trip when a baserunner, running too fast to stop, collided with him at home plate. Cole suffered a closed head injury, went into convulsions and was airlifted to a hospital. The Supreme Court affirmed summary judgment for the baserunner.

★ SC · head & brain · in practice

What changes the number here.

What actually moves a head & brain settlement in South Carolina.

  1. 1

    Get neuropsychological testing. The physical brain damage finding decides whether benefits last 500 weeks or for life.

  2. 2

    Claims against other players in recreational games are hard to win, as Cole’s case shows.

  3. 3

    Serious head injuries at work also support third party claims against equipment operators, separate from comp.

★ SC · statute of limitations
3 years from date of injury

S.C. Code Ann. § 15-3-530

★ SC · fault rule
Modified comparative, 51% bar

Modified comparative, recovery barred at 51% claimant fault.

★ SC · caps

What caps recovery.

Statutory caps that may bear on a head & brain settlement in South Carolina.

★ head & brain · same region & fault regime

Compare to like jurisdictions.

How South Carolina's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for head & brain claims.

JurisdictionFault ruleLimitationHead & brain page
South Carolina · you are hereModified comparative, 51% bar3 years from date of injury—
TennesseeModified comparative, 50% bar1 year from date of injury, among the shortest in the USTN · head & brain →
TexasModified comparative, 51% bar2 years from date of injuryTX · head & brain →
VirginiaPure contributory negligence2 years from date of injuryVA · head & brain →
West VirginiaModified comparative, 51% bar2 years from date of injuryWV · head & brain →
AlabamaPure contributory negligence2 years from date of injuryAL · head & brain →
ArkansasModified comparative, 50% bar3 years for personal injury; 2 years for medical malpracticeAR · head & brain →
VermontModified comparative, 51% bar3 years from date of injuryVT · head & brain →
WisconsinModified comparative, 51% bar3 years from date of injuryWI · head & brain →
WyomingModified comparative, 51% bar4 years from date of injuryWY · head & brain →
ConnecticutModified comparative, 51% bar2 years from date of injuryCT · head & brain →
South DakotaSlight versus gross negligence3 years from date of injurySD · head & brain →
UtahModified comparative, 50% bar4 years for personal injury; 2 years for medical malpracticeUT · head & brain →
★ SC · head & brain · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

united states · sister site
Hurt in a car crash in South Carolina? See what your own claim could be worth.

FairSettlement, our US sister site, gives you a free estimate in about two minutes. No cost and no obligation.

Check my case

Sources

Checked 2026-09-29.

★ all of SC
South Carolina overview

Fault rule, statute, caps, and key facts for South Carolina as a whole.

★ national frame
Head & brain in United States

Head & brain band structure and severity tiers at the US level.

★ all 15 countries
Head & brain · everywhere

Cross-jurisdiction comparison of head & brain bands.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in South Carolina. See /methodology, /sources, and /disclaimer.