Workers' comp claim denied in South Carolina: what to do next
If your employer's representative has not reported your claim, has denied it, or you believe you are not getting all your benefits, file Form 50 as a hearing request with the Commission's Judicial Department, with the $50 fee (you can ask to waive the fee on Form 32).
Your employer's insurer, not the state, usually decides first. If they deny or delay, the free help listed here can explain your options.
Checked against official sources: October 31, 2026.
Deadlines are strict. If you are near one, call the state agency or free help today.
If your claim is denied or delayed in South Carolina
- Who decides
South Carolina Workers' Compensation Commission (a single commissioner holds the hearing; an appellate panel reviews)
- First step
If your employer's representative has not reported your claim, has denied it, or you believe you are not getting all your benefits, file Form 50 as a hearing request with the Commission's Judicial Department, with the $50 fee (you can ask to waive the fee on Form 32). If your temporary payments were stopped within 150 days after the accident was reported, request a hearing on Section III of the Form 15 you received instead.
- Deadline
Your claim must be filed within 2 years after the accident. A request for Commission review must be filed within 14 days after you receive the single commissioner's order.
Source: Form 50; Form 30
- Medical disagreements
If you want another doctor and the employer's representative refuses, or you disagree about medical care, you can request a hearing and a commissioner decides. Refusing medical treatment or an exam the employer provides can stop your payments until the refusal ends, unless the Commission finds the refusal justified.
- Appealing the decision
Form 30 Request for Commission Review to an appellate panel within 14 days of receiving the order ($150 fee); then an appeal to the South Carolina Court of Appeals within 30 days of the Commission's decision.
- File Form 50 (hearing request) with the $50 fee, or Form 15 Section III if your temporary payments were stopped within the first 150 days.
- A hearing before a commissioner is set; a hearing on stopped temporary payments must be held within 60 days of your request. Mediation may be ordered or requested.
- The single commissioner hears testimony, receives evidence and issues a Decision and Order.
- If you disagree, file Form 30 (Request for Commission Review) with the $150 fee within 14 days after you receive the order; an appellate panel of commissioners reviews it.
- After the Commission's review, either side can appeal to the South Carolina Court of Appeals within 30 days of the decision.
Law: S.C. Code §§ 42-9-260, 42-15-40, 42-17-50, 42-17-60
Source: wcc.sc.gov
Sources
The official sources for South Carolina are listed on the South Carolina page.