Claims Kit

Reporting of Claim by Employer 42-19-10  67-411

An injury for which there is no compensable lost time or permanency and the medical treatment does not exceed $500 must be reported annually on a form and at a time prescribed by the commission.

An injury involving compensable lost time, medical attention in excess of the limit established by the commission, or the possibility of permanency must be reported within 10 business days after the occurrence and knowledge of it as provided in Section 42-15-20, on a form or in an electronic format prescribed by the commission

The WCIO (Workers’ Compensation Insurance Organizations) has approved the addition of two new codes regarding the COVID‐19 Pandemic. The Injury Description Tables have been updated with a new Cause of Injury Code (DN0037) – 83 for “Pandemic” and a new Nature of Injury Code (DN0035) – 83 for “COVID‐19”. These codes are anticipated to be used for the reporting of any claim effective December 2019 or later. The South Carolina Workers’ Compensation Commission has updated its EDI system with the ability to receive the new codes effective immediately. The IAIABC recommends that EDI reporting systems be modified to recognize these new codes by April 1, 2020. Updated Injury Description Tables can be found at:https://www.wcio.org/Document%20Library/InjuryDescriptionTablePage.aspx

This is to advise all interested parties the Commission will reactivate the assessment of fines and penalties for failure to file required reports on May 1, 2020. All required reports and forms not filed by their respective due date on or after May 1, 2020 will be subject to the assessment of fines and penalties authorized by statute or regulation.

Physician Selection 42-15-60

The employer selects the physician. If the employee does not like the doctor, he/she can talk to the insurance carrier and see if they will allow the employee to go to another doctor, or they can request a hearing by completing Form 50 and have a Commissioner make a determination on the case.

Posting Requirements 67-301

All employers must post publicly and keep posted in their place of business a Form 2, Employer's Notice of Being Subject to the Act.

The notice will state, substantially, the following:

"We are operating under and subject to the Workers' Compensation Act of South Carolina. In case of accidental injury or death to an employee, the injured employee, or someone acting on his or her behalf, will give immediate notice to the employer or general authorized agent. Failure to give immediate notice may be the cause of serious delay in the payment of compensation to the injured employee or his or her beneficiaries and may result in failure to receive any compensation benefits whatsoever."

Employer's Notice of Being Subject to the Act

Employer's Notice of Being Subject to the Act (spanish)

Poster

Penalties for Late Reporting  42-19-30

Any employer or insurance carrier who refuses or neglects to submit required forms, records, and reports is liable for a penalty of not less than $10 nor more than $100 for each refusal or neglect. 

The Commission offers two methods for the payment of fines, fees, and penalties: check or ePay.