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A South Carolina workers' comp settlement is not a jury verdict or a pain-and-suffering award. It is built from a state formula: your average weekly wage, a doctor's permanent impairment rating, and the weeks the South Carolina Code assigns to the injured body part. This guide covers the SC numbers that set your check, including the 2026 Commission maximum, the 42-9-30 body-part chart, the tiered back rule that can double an award at the 50% mark, and the clincher that permanently closes your claim.
Quick answer: South Carolina pays 66.67% of your average weekly wage, capped at $1,189.94 per week for 2026. Your permanent-disability award equals your impairment rating times the S.C. Code 42-9-30 weeks for the body part (the shoulder is 300 weeks; the back is 300 or 500) times your weekly rate. Most SC claims settle for $20,000 to $60,000; surgical or high-rating injuries reach $75,000 to $300,000+.
South Carolina key facts
SC Workers' Comp Settlement Facts (2026)
Last updated
- Max & min weekly benefit
- SC pays 66.67% of your average weekly wage, capped at $1,189.94/week for 2026 (SC Workers' Compensation Commission); minimum $75/week.
- The disability formula
- Permanent disability = impairment rating (%) x the S.C. Code 42-9-30 weeks for the body part x your weekly comp rate.
- Key body-part weeks (42-9-30)
- Shoulder 300, hip 280, arm 220, leg 195, hand 185, foot 140, eye 140, thumb 65, hearing one ear 80 weeks.
- The tiered back rule
- The back pays 300 weeks at 49% or less loss of use, but 500 weeks at 50% or more, which is presumed total and permanent disability.
- 500-week cap & lifetime
- Total disability is capped at 500 weeks, except paraplegia, quadriplegia, or brain damage, which pay for life.
- No pain and suffering
- SC workers comp pays medical, wage replacement, and disability only. Never pain and suffering.
- Deadlines
- Report to your employer within 90 days (42-15-20); file with the Commission within 2 years (42-15-40).
- Every settlement is approved
- The SC Workers Compensation Commission must approve all settlements; unrepresented workers appear at an informal conference.
Sources: SC Workers' Compensation Commission (2026 maximum weekly rate) and S.C. Code of Laws Title 42. For the national formula, benefit types, and Medicare Set-Aside rules, see the national workers' comp settlement guide. Get your free SC estimate →
What South Carolina Workers' Comp Settlements Actually Pay
Most South Carolina workers' comp claims settle in the $20,000 to $60,000 range, with a median near $25,000. Medical-only and minor claims settle for less; injuries needing surgery or leaving a high permanent rating settle for $75,000 to $300,000 or more once future medical care is included. Because SC ties disability to a statutory week schedule, the body part and your wage move the number more than anything else.
| SC injury | Typical settlement range | Why |
|---|---|---|
| Back / spine (50%+ or surgical) | $75,000 - $300,000+ | A 50%+ back crosses to the 500-week total-disability tier |
| Shoulder | $35,000 - $150,000 | SC schedules the shoulder high at 300 weeks; rotator cuff surgery raises value |
| Knee / leg | $25,000 - $100,000 | Leg scheduled at 195 weeks; meniscus and ACL surgery drive value |
| Hand / arm | $20,000 - $90,000 | Hand 185 weeks, arm 220; crush and amputation injuries at the top |
| Catastrophic (paraplegia, brain) | $300,000 - $1,000,000+ | Lifetime benefits with no 500-week limit |
Ranges reflect SC's 42-9-30 schedule, the 2026 maximum rate, and typical reported outcomes; individual settlements are confidential and vary. These are starting points, not promises. Get a case-specific number with the free SC calculator.
What Reported South Carolina Work-Injury Cases Actually Paid
The SetCalc verdict and settlement database tracks individually sourced case results. South Carolina is its deepest work-injury state, with 141 reported results, every one a settlement rather than a verdict. The median is $220,000, the middle half falls between $175,000 and $298,215, the smallest is $120,000, and the largest is $6,000,000 for a worker hurt in a construction-site truck accident. Back injuries are the single largest category at 58 of the 141 cases, which is consistent with the back sitting at the top of the 42-9-30 chart.
$220,000
Median reported result
$175,000
25th percentile
$298,215
75th percentile
141
SC cases tracked
Read these numbers carefully
Sample of 141, stated plainly so you can weigh it. Case dates are not published at source, so no year range is shown. Data as of 2026-07-24. Browse the underlying cases in the SetCalc verdict and settlement database or read the methodology.
Cite this data
SetCalc. "South Carolina Workers' Compensation Settlement Data." Updated 2026-07-24. https://setcalc.com/guides/south-carolina-workers-compensation-settlement-calculator. Accessed 2026-07-25.
How Is a Workers' Comp Settlement Calculated in South Carolina?
A South Carolina settlement bundles the medical care, wage checks, and permanent-disability award the insurer still owes. The disability piece is where SC's statute controls the number, and the formula is set by law.
The South Carolina disability formula
Impairment rating (%) x S.C. Code 42-9-30 weeks for the body part x weekly comp rate = disability award
Weekly comp rate = 66.67% of your average weekly wage, capped at $1,189.94 for 2026 injuries (minimum $75.00).
Your average weekly wage is generally the average of your four quarters of earnings before the injury, including overtime and bonuses. Your impairment rating is the percentage an authorized doctor assigns at maximum medical improvement. Multiply the rating by the body part's scheduled weeks and by your comp rate to get the disability award, then add unpaid benefits and future medical care to reach a settlement figure.
Where SC differs
SC Workers' Comp Settlement Chart: The S.C. Code 42-9-30 Body-Part Schedule
S.C. Code 42-9-30 assigns a fixed number of weeks to the total loss (or loss of use) of each listed body part. Your permanent-disability award is a percentage of these weeks equal to your impairment rating. Here is the schedule.
| Body part | Weeks | Body part | Weeks |
|---|---|---|---|
| Shoulder | 300 | Eye | 140 |
| Back (49% or less) | 300 | Foot | 140 |
| Back (50% or more) | 500 | Hearing (both ears) | 165 |
| Hip | 280 | Hearing (one ear) | 80 |
| Arm | 220 | Thumb | 65 |
| Leg | 195 | Index finger | 40 |
| Hand | 185 | Great toe / other toe | 35 / 10 |
Source: S.C. Code 42-9-30. Loss of the first phalanx of a thumb, finger, or toe counts as half the listed period. SC also pays up to 50 weeks for serious permanent disfigurement, including burn or keloid scars. Losing the use of any two major parts (for example both legs) is presumed total and permanent disability.
The Tiered Back Rule: Why 50% Is a Cliff
South Carolina treats the back differently from almost every other body part, and it is the most important number in many SC claims. A back rating of 49% or less is paid over 300 weeks. A rating of 50% or more is paid over 500 weeks and is presumed to be total and permanent disability. That single percentage point changes both the multiplier and the legal status of the claim.
Back at 49% or less
Paid over 300 weeks. A 40% rating at a $600 comp rate is 40% x 300 x $600 = $72,000.
Back at 50% or more
Paid over 500 weeks and presumed total disability. A 50% rating is 50% x 500 x $600 = $150,000.
A ten-point rating change can double your case
Worked Example: A South Carolina Back Injury
Here is the South Carolina formula run across the 50% back threshold, holding the wage constant, to show the cliff in real dollars.
Facts: Your average weekly wage is $900, so your comp rate is $600 (66.67%). You injure your back and reach MMI.
40% back rating (300-week tier):
40% x 300 weeks x $600 = $72,000
50% back rating (500-week total-disability tier):
50% x 500 weeks x $600 = $150,000
A ten-point difference in the rating more than doubles the award. That figure is only the disability piece; a clincher also negotiates the value of your future medical care and any unpaid temporary benefits. A back injury requiring fusion surgery and leaving permanent restrictions typically settles well above the scheduled number once future treatment is priced in.
South Carolina Benefit Types
| Benefit | What SC pays |
|---|---|
| Medical | All authorized, injury-related treatment, prescriptions, and mileage. |
| Temporary total disability | 66.67% of AWW while you cannot work, capped at $1,189.94/week for 2026. |
| Temporary partial disability | 66.67% of the wage difference when you return to lighter or lower-paid work. |
| Permanent disability (42-9-30) | Rating x scheduled weeks x comp rate, or a wage-loss award for the back and multi-part injuries. |
| Total & permanent disability | 500 weeks, or lifetime for paraplegia, quadriplegia, or brain damage. |
Clincher, Form 16, and Form 16A Settlements
South Carolina offers three settlement forms, and the choice between them decides whether your future medical care stays open. Every one of them must be approved by the Workers' Compensation Commission before it is binding.
Clincher
Full and final. One lump sum closes the entire claim, including all future medical, and releases the employer and insurer. Most cash, most given up.
Form 16
Settles the disability or wage-loss portion but leaves future medical openfor a period, as long as the care relates to the work injury.
Form 16A
A negotiated award plus future medical care your physician recommends for the disability. A middle path between the other two.
Commission approval and the Medicare Set-Aside
Deadlines, Choosing a Doctor, and Third-Party Claims
The deadlines that end claims
- • Report to your employer within 90 days (42-15-20)
- • File with the Commission within 2 years (42-15-40)
- • Miss the 2-year deadline and the claim is barred
Medical care in SC
- • The employer/insurer selects and directs your doctor
- • Unauthorized treatment may not be paid
- • The Commission can order a second opinion or new physician
If a non-employer caused your injury, you can bring a separate third-party personal-injury claim that does pay pain and suffering. South Carolina follows modified comparative negligence with a 51% bar: you recover as long as you are less than 51% at fault, with your award reduced by your share. That is far more forgiving than North Carolina's harsh contributory-negligence rule next door.
South Carolina Comp Pays No Pain and Suffering (With One Exception)
South Carolina workers' compensation never pays for pain and suffering or emotional distress. In exchange for no-fault benefits you cannot sue your employer, and your recovery is limited to medical care, wage replacement, and the scheduled disability award. That is why a serious SC comp claim can look smaller than a personal-injury verdict for the same harm.
A third-party claim adds pain and suffering
How to Maximize Your South Carolina Workers' Comp Settlement
Several inputs to the SC formula are negotiable and often understated by the insurer. These steps protect your claim.
Report within 90 days and file with the Commission
Treat with the authorized doctor, but fight a low rating
Do not settle before maximum medical improvement
Verify your average weekly wage
Pick the right settlement form
Do not accept the first offer
South Carolina Workers' Comp Settlement FAQ
How much is the average workers comp settlement in South Carolina?
Most South Carolina workers' comp claims settle for $20,000 to $60,000, with a median near $25,000; minor claims settle for less and surgical or high-rating injuries settle for $75,000 to $300,000 or more. SC pays permanent disability from the S.C. Code 42-9-30 body-part week schedule, so your impairment rating, wage, and the body part drive the number.
What is the maximum SC workers comp weekly benefit for 2026?
For injuries on or after January 1, 2026, the South Carolina maximum weekly compensation rate is $1,189.94, set by the SC Workers' Compensation Commission and equal to the statewide average weekly wage. Your benefit is two-thirds (66.67%) of your average weekly wage, capped at that maximum, with a minimum of $75 per week.
How is a workers comp settlement calculated in South Carolina?
A SC settlement combines unpaid medical care, wage-replacement benefits, and a permanent-disability award. The permanent-disability award equals your impairment rating multiplied by the statutory weeks S.C. Code 42-9-30 assigns to the injured body part, multiplied by your weekly comp rate (66.67% of your average weekly wage, capped at $1,189.94 for 2026).
What is the South Carolina workers comp body-part value chart?
S.C. Code 42-9-30 assigns weeks to each body part: shoulder 300, hip 280, arm 220, leg 195, hand 185, foot 140, eye 140, thumb 65, and hearing in one ear 80 weeks. The back is 300 weeks for a loss of use of 49% or less and 500 weeks at 50% or more. Your award is your rating times those weeks times your comp rate.
How much is a back injury worth in SC workers comp?
South Carolina uses a tiered back rule. A back impairment of 49% or less pays over 300 weeks, but a rating of 50% or more pays over 500 weeks and is presumed to be total and permanent disability. With a $600 comp rate, a 40% back rating pays about $72,000, while a 50% rating pays about $150,000, so crossing 50% roughly doubles the award.
What is a clincher agreement in South Carolina?
A clincher is a full and final South Carolina workers' comp settlement. You accept a lump sum and permanently close the entire claim, including all future medical care, and release the employer and insurer from further liability. The SC Workers' Compensation Commission must approve it, and it is irreversible once approved, so future treatment costs must be built into the number.
What is the difference between a clincher, a Form 16, and a Form 16A settlement?
A clincher closes everything, including future medical, for one lump sum. A Form 16 agreement settles the disability or wage-loss portion but leaves future medical treatment open for a period. A Form 16A settles the claim with a negotiated award while providing for future medical care your physician recommends. Clinchers pay the most cash but give up the most.
How long can I receive workers comp benefits in South Carolina?
South Carolina caps total disability benefits at 500 weeks, about 9.6 years. The exception is catastrophic injury: paraplegia, quadriplegia, or brain damage entitles the worker to benefits for life with no 500-week limit. Losing the use of any two major body parts (for example both legs) is presumed total and permanent disability under S.C. Code 42-9-30.
Does SC workers comp pay for pain and suffering?
No. South Carolina workers' compensation does not pay pain and suffering or emotional distress; it covers medical care, wage replacement, and permanent disability only. Pain and suffering is available only through a separate third-party claim against someone other than your employer, and SC follows modified comparative negligence with a 51% bar on those claims.
How long do I have to report and file a workers comp claim in SC?
In South Carolina you must report the injury to your employer within 90 days (S.C. Code 42-15-20) and file a claim with the Workers' Compensation Commission within two years of the accident (S.C. Code 42-15-40). Missing the two-year deadline generally bars your claim, so report in writing and file promptly.
Can I choose my own doctor for a SC workers comp claim?
Generally no. In South Carolina the employer or its insurance carrier selects and directs your authorized medical treatment. If you treat with an unauthorized doctor, the insurer may refuse to pay. You can ask the Workers' Compensation Commission to order a second opinion or a change of physician if care is inadequate.
How much does a South Carolina workers comp lawyer cost?
South Carolina workers' comp attorney fees are contingent and must be approved by the Workers' Compensation Commission for reasonableness; you pay nothing up front and nothing if you do not recover. Because the impairment rating, average weekly wage, and future-medical figures are all negotiable, represented workers often net more even after the fee.
Calculate Your South Carolina Workers' Comp Settlement
Your SC settlement depends on your average weekly wage, your impairment rating, the 42-9-30 weeks for your body part, and your future medical needs. SetCalc estimates your case value against real workers' comp outcomes, and a South Carolina attorney reviews the estimate with you at no cost.
See what your SC workers' comp case could be worth
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