If I live in one state and work in another, where should I file my workers’ compensation claim?

South Carolina Workers’ Compensation Exceptions

Each state in the U.S. administers its own workers’ comp program. In South Carolina, the program is overseen by the South Carolina Workers’ Compensation Commission (SCWCC). Its deadlines and other procedural requirements may differ slightly from those of other states. 

The only exceptions to this rule are certain employers not required by law to purchase workers’ comp coverage and certain employees who aren’t eligible to receive it:

• Railroad workers
• Real estate agents
• Business partners
• Sole proprietors
• Workers for an employer with fewer than four employees (unless the amployer has elected to come under the Act)
• Agricultural workers
• Independent contractors or casual employees
• Federal employees working in South Carolina

Filing a South Carolina Claim  

If you do not fall into one of the exempt/ineligible categories above, you should begin the following process as soon as you’re injured or diagnosed with an occupational illness:

• Report your injury or illness to your boss or a claims administrator at your workplace. You have 90 days to do this, but you should not wait.
• File a Form 50 (or 52 for the death of a loved one) via the SCWCC website. Although you have two years to file, don’t wait.
• See the doctor recommended by your employer’s insurance company (not your own doctor).
• Follow all treatment guidelines and take medications as prescribed. 
• Keep receipts and documentation of all medical treatment or related expenses.
• Consult a workers’ comp attorney if:
  • Your claim is denied.
  • You’re offered insufficient benefits.
  • The insurance company is slow to approve necessary treatments.
  • You don’t feel your treatment is helping you recover.
  • You’re cleared to return to work before you feel you’re ready.