Skip to content
MyClaimWorth
SC
★ South Carolina · workplace

Workplace settlements
in South Carolina.

By Reviewed by Abd Shanti, Founder9 min read

South Carolina pays total disability at two thirds of the worker’s average weekly wage, capped at the state average weekly wage, for up to 500 weeks. A saw operator with three work injuries got 500 weeks but not lifetime benefits, and a county firefighter hurt in a crash with a deputy won the right to sue the sheriff.

Facts that decide a workplace claim in South Carolina

Total disability benefit66 2/3 percent of the average weekly wage, not more than the state average weekly wage for the preceding fiscal year, for no more than 500 weeks.S.C. Code § 42-9-10(A)
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)
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)
★ SC · reported workplace outcomes

What South Carolina courts have awarded.

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

  • Supreme Court of South Carolina · 2013
    500 weeks awarded; lifetime benefits denied

    Clifton Sparks, a saw operator, had three work injuries, the first two to his lower back. The Commission found him totally and permanently disabled and awarded 500 weeks of compensation but denied lifetime benefits because he did not suffer physical brain damage within the meaning of the statute. The Supreme Court affirmed.

  • South Carolina Court of Appeals · 2021
    Summary judgment for sheriff reversed

    Christopher Lampley, a Dillon County firefighter, was responding to a house fire with people trapped inside when his vehicle collided with a deputy sheriff’s vehicle. The trial court held the sheriff was protected by a Tort Claims Act exception for injuries covered by workers’ comp. Lampley argued the exception could not apply because the sheriff was not his employer, and the Court of Appeals reversed and remanded.

★ SC · workplace · in practice

What changes the number here.

What actually moves a workplace settlement in South Carolina.

  1. 1

    The physical brain damage finding decides whether total disability benefits stop at 500 weeks.

  2. 2

    Comp is not always the only remedy. Lampley’s claim against the sheriff, who was not his employer, was revived on appeal.

  3. 3

    Check the Commission’s maximum rate for your injury year; it is set each year from the state average weekly wage.

★ 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 workplace settlement in South Carolina.

★ workplace · 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 workplace claims.

JurisdictionFault ruleLimitationWorkplace 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 · workplace →
TexasModified comparative, 51% bar2 years from date of injuryTX · workplace →
VirginiaPure contributory negligence2 years from date of injuryVA · workplace →
West VirginiaModified comparative, 51% bar2 years from date of injuryWV · workplace →
AlabamaPure contributory negligence2 years from date of injuryAL · workplace →
ArkansasModified comparative, 50% bar3 years for personal injury; 2 years for medical malpracticeAR · workplace →
VermontModified comparative, 51% bar3 years from date of injuryVT · workplace →
WisconsinModified comparative, 51% bar3 years from date of injuryWI · workplace →
WyomingModified comparative, 51% bar4 years from date of injuryWY · workplace →
ConnecticutModified comparative, 51% bar2 years from date of injuryCT · workplace →
South DakotaSlight versus gross negligence3 years from date of injurySD · workplace →
UtahModified comparative, 50% bar4 years for personal injury; 2 years for medical malpracticeUT · workplace →
★ SC · workplace · frequently asked

Common questions.

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

★ 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.