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STATE REQUIREMENTS

When South Carolina requires workers’ compensation

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In South Carolina, workers' compensation is required once you have four or more employees. Part-time and family employees count toward the four, and corporate officers count even when they exempt themselves. Corporate officers may reject coverage by notifying the carrier in writing; sole proprietors and partners may elect coverage. The rule, who counts and what to do the day you hire are below, each with its official source.

Reviewed by CoverMatch licensed agents, Licensed property & casualty agents · Reviewed Oct 12, 2026 Updated
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South Carolina rules with sources
TopicThe rule in South CarolinaSource
Who must carry itAn employer that regularly employs four or more employees, full- or part-time, must carry workers' compensation; agricultural employers, railroads and businesses with an annual payroll below $3,000 are exempt.S.C. Code § 42-1-360, § 42-5-40; South Carolina Workers' Compensation Commission — Employers
Who counts as an employeePart-time and family employees count toward the four, and corporate officers count even when they exempt themselves.South Carolina Workers' Compensation Commission — Employers
Owners, officers and LLC membersCorporate officers may reject coverage by notifying the carrier in writing; sole proprietors and partners may elect coverage.S.C. Code § 42-1-360, § 42-5-40
If you go withoutUninsured employers face a penalty per day of non-compliance, possible criminal charges, and liability for benefits.South Carolina Workers' Compensation Commission — Employers

Rules change. Each row links to the agency or statute it came from; the review date above is when a licensed agent last checked them.

Who must carry it in South Carolina

An employer that regularly employs four or more employees, full- or part-time, must carry workers' compensation; agricultural employers, railroads and businesses with an annual payroll below $3,000 are exempt.

Who counts as an employee

Part-time and family employees count toward the four, and corporate officers count even when they exempt themselves. The label on the paycheck does not settle it: South Carolina applies its own employee test, and a worker who fails it is an employee for workers' compensation no matter what the contract says.

Owners, officers and LLC members

Corporate officers may reject coverage by notifying the carrier in writing; sole proprietors and partners may elect coverage. The election is made on the policy and affects both coverage and premium, so decide it before the policy is bound rather than at audit.

The day you hire

CoverMatch quotes workers' compensation from the first employee, with pay-as-you-go billing through most payroll companies where a carrier offers it, so the policy can start the week you hire without a large deposit. Add the policy to your wallet and the live certificate is ready for the general contractor or client who asks for proof.

If you go without

Uninsured employers face a penalty per day of non-compliance, possible criminal charges, and liability for benefits. The specific amounts and procedures are in the statute and on the agency page linked above; they change, and the licensed agent who reviewed this page checks them on each update.

Sources

Questions people actually ask

I just hired my first employee in South Carolina. When does the policy have to be in place?

Before the first shift if the threshold is met. South Carolina requires coverage once you have four or more employees, and a claim on day one with no policy is paid by the employer personally. A policy can be quoted and bound the same day; CoverMatch asks every carrier that offers pay-as-you-go so the premium follows your payroll.

My workers are paid on a 1099. Does that count in South Carolina?

The form you file does not decide it. South Carolina applies its own test of control, tools, schedule and whether the person runs an independent business; workers who fail it are employees for workers’ compensation and are added at audit, often at the higher rate.

Can the owner be left off the policy in South Carolina?

Corporate officers may reject coverage by notifying the carrier in writing; sole proprietors and partners may elect coverage. Excluding yourself lowers the premium base and leaves your own injuries to health insurance; general contractors and clients often require owner coverage by contract regardless.

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