South Carolina Workers Comp Statute of Limitations
The clock on a South Carolina workers comp claim starts the day you're injured, not the day you get around to filing. Understanding exactly when it runs out matters more than almost anything else in the process.
Filing Deadline
2 years
From the date of injury. Some exceptions apply — see tolling rules below. Not legal advice.
Why This Deadline Exists
South Carolina sets this deadline to keep the system functional for everyone — employers need certainty about how long they're exposed to a claim, and injured workers need a predictable window to act within.
When the Deadline Can Be Extended
A handful of situations can extend — or 'toll' — this deadline. Occupational diseases that develop gradually often get a discovery-rule exception, starting the clock when the condition is diagnosed rather than when the underlying exposure began. Claims involving minors, and cases where an employer concealed the injury or fraudulently discouraged a claim, may also toll the deadline. These exceptions are narrow and fact-specific — don't assume one applies without confirming it with South Carolina's workers comp agency or an attorney.
What Happens If You Miss It
A missed deadline in South Carolina isn't usually something that can be fixed after the fact. The claim is typically closed to the insurer's benefit, which is exactly why acting early — even before you're certain you'll need to file — matters more than waiting for complete certainty about the injury's severity.
South Carolina Workers Comp Rules
- Waiting period: 7 days
- Attorney contingency fee: 33.3%
- State agency: South Carolina Workers' Compensation Commission