Story by Joel Berly
October 29, 2025
South Carolina workers’ compensation laws cover more than just sudden injuries – they also address illnesses caused by long-term workplace exposure. This system helps employees recover medical costs and lost wages without proving employer fault.
Key takeaways:
Workers must provide strong medical evidence and documentation to link their illness to workplace hazards. Benefits include medical coverage, wage replacement (66.67% of weekly wages), and, in severe cases, lifetime payments. Legal guidance is often crucial for navigating claims or disputes.
South Carolina law provides a detailed framework for identifying what qualifies as an occupational disease under workers’ compensation. According to the state, an occupational disease is one that arises directly from employment due to risks that go beyond the usual workplace hazards and are unique to a specific job or trade.
This definition has two main criteria. First, the disease must result directly from exposure to hazards specific to the occupation. Second, it must come from continuous exposure to those workplace hazards over time. These points are the foundation for evaluating occupational disease claims in the state.
Employees carry the responsibility of proving their claims. They must show, by a preponderance of the evidence, that their disease was caused by exposure to workplace hazards unique to their job in South Carolina.
Take mesothelioma as an example. In the construction industry, mesothelioma caused by asbestos exposure qualifies as an occupational disease. Similarly, manufacturing workers who develop silicosis from inhaling silica dust meet the legal definition because their exposure risk is far higher than that of the general population.
Establishing an occupational disease claim can be challenging, often requiring extensive medical records and expert testimony. For disputed cases, medical boards may review the evidence to decide whether a disease is work-related, and their findings can be pivotal.
The legal definition also includes specific exclusions and presumptions, which are outlined in the statute.
South Carolina law excludes certain disease categories from workers’ compensation coverage. The largest exclusion is for ordinary diseases of life, such as common illnesses, unless the employee can prove the workplace exposure was unique. For instance, if an office worker contracts the flu from a coworker, they cannot claim benefits because this exposure is not specific to their job.
Other exclusions include diseases caused by outside climatic conditions and contagious diseases contracted from coworkers or hazards equally present outside the workplace. For example, environmental allergies or conditions caused by general weather exposure fall into this category.
However, some occupations benefit from special statutory presumptions. Law enforcement officers, for instance, are presumed to have suffered cardiac-related incidents during or shortly after unusual physical exertion if they meet the required pre-employment physical examination standards.
Firefighters have even broader presumptions under recent legislative updates. They are assumed to have developed heart disease, stroke, or respiratory conditions on the job unless proven otherwise. To qualify, they must meet specific conditions, such as passing a physical exam when hired.
The table below summarizes how different disease categories are treated under South Carolina law:
| Disease Category | Coverage Status | Key Requirements/Notes |
|---|---|---|
| Mesothelioma, Silicosis | Covered | Requires proof of unique workplace exposure |
| Common Cold, Influenza | Excluded | Classified as "ordinary diseases of life" |
| Heart Disease (Firefighters) | Presumed Covered | Must pass physical exam and develop condition on duty |
| Environmental Allergies | Excluded | Linked to exposure to outside climatic conditions |
The statute also addresses pre-existing conditions and their aggravation. If a worker has a pre-existing condition, they may only receive compensation if workplace exposure worsens the condition and leads to a legally defined disability. Additional limitations apply when a disability results from both an injury and an occupational disease.
These legal definitions and exclusions are detailed in South Carolina Code Section 42-11-10, which treats occupational diseases similarly to workplace injuries for compensation purposes. However, the law maintains strict requirements for proof and clear boundaries for excluded conditions.
In South Carolina, workers can qualify for compensation benefits related to occupational diseases, but only under specific conditions. The disease must result from continuous and unique exposure to workplace hazards that go beyond ordinary risks. It must also arise out of and in the course of employment and be tied directly to the job’s specific conditions.
The workers’ compensation system covers a wide range of employees, including full-time, part-time, temporary, seasonal workers, minors, and undocumented workers. However, some groups are excluded, such as independent contractors, certain agricultural workers, domestic workers, railroad employees, and some real estate agents.
To qualify for compensation, the occupational disease must cause a legally defined disability under South Carolina law. Timing is also critical. The disease must develop within one year of the last workplace exposure, though this period extends to two years for pulmonary diseases caused by inhaling dust. Additionally, employees must inform their employer within 90 days of discovering their illness to secure their claim rights.
The responsibility of proving that the disease is work-related falls on the employee. They must demonstrate this by a preponderance of the evidence, meaning the evidence must show it’s more likely than not that the disease was caused by workplace hazards.
Evidence often includes medical records diagnosing the illness, documentation of exposure to workplace hazards, and proof linking the disease to job duties. Expert medical testimony and workplace safety records are frequently used to strengthen cases.
Some occupations have statutory presumptions that simplify proving causation. For instance, firefighters may qualify for presumptions regarding heart disease, stroke, or respiratory illness if they meet specific requirements, like passing physical exams. Similarly, law enforcement officers may receive presumptions for cardiac issues related to extraordinary physical exertion.
For most workers, however, proving causation requires extensive documentation. This includes detailed records of workplace hazards, medical evaluations showing how the disease developed, and evidence that the risk of exposure was significantly higher than what the general public encounters.
Once causation is established, eligible employees can access a range of benefits.
South Carolina law provides a comprehensive set of benefits for workers who meet the eligibility and causation requirements. These benefits address both immediate medical needs and long-term impacts of work-related illnesses.
Medical expenses are fully covered for all treatments related to the occupational disease. This includes both past and future medical costs, with no caps on coverage, as long as the treatment is deemed medically necessary.
Wage replacement benefits typically amount to 66.67% of the employee’s average weekly wage, subject to state limits. These payments continue for the duration of the disability, as supported by medical evidence and legal guidelines. Most claims are capped at 500 weeks of benefits, though cases involving catastrophic injuries like paralysis or brain damage may qualify for lifetime compensation.
Here’s a breakdown of the primary benefit categories:
| Benefit Type | Amount | Period |
|---|---|---|
| Medical Expenses | 100% of treatment costs | As long as medically necessary |
| Wage Replacement | 66.67% of average weekly wage | Up to 500 weeks (or lifetime for catastrophic cases) |
| Permanent Disability | Based on impairment rating | Up to 500 weeks or lifetime for severe cases |
| Death Benefits | 66.67% of wages for dependents, plus funeral costs | Up to 500 weeks |
| Vocational Rehabilitation | Job retraining and placement services | As needed |
Death benefits are available if the occupational disease results in death. Dependents receive 66.67% of the deceased worker’s wages, along with funeral expenses, calculated similarly to other benefits. These payments aim to provide financial support for families facing the loss of their primary income source.
Vocational rehabilitation services are offered to workers who cannot return to their previous jobs due to their illness. These services include job retraining, placement assistance, and other resources to help employees transition to new employment opportunities.
Employees who wish to waive future benefits must file Form 65 with the South Carolina Workers’ Compensation Commission, accompanied by a physician’s statement. The Commission may deny the waiver if it determines that continued employment poses a serious risk of further disability.
For complex or disputed claims, seeking legal guidance can make a significant difference. Law firms like Berly Rouse Attorneys in Charleston specialize in workers’ compensation cases and can assist employees with navigating claims, appeals, and dispute resolutions to achieve the best possible outcomes.
Understanding which diseases and industries are most affected by occupational hazards in South Carolina is essential. The state recognizes several illnesses linked to prolonged exposure to harmful substances. Let’s explore some of the most common diseases and the industries where workers are at the highest risk.
South Carolina acknowledges a range of occupational diseases, including asbestosis, silicosis, mesothelioma, occupational asthma, and hearing loss. These conditions are often tied to specific workplace exposures and can have long-lasting effects on workers’ health.
Here’s a quick summary of these diseases and their causes:
| Disease Type | Primary Cause |
|---|---|
| Asbestosis | Inhalation of asbestos fibers |
| Silicosis | Inhalation of crystalline silica dust |
| Mesothelioma | Exposure to asbestos |
| Occupational Asthma | Chemicals and organic dust |
| Hearing Loss | Prolonged exposure to loud noise |
Certain industries see a higher prevalence of these occupational diseases due to the nature of their work environments and the hazards involved.
For workers navigating the complexities of occupational disease claims, seeking legal advice can make a significant difference. Experienced attorneys – like Berly Rouse Attorneys in Charleston, SC – can guide individuals through the claims process, ensuring that all necessary documentation and medical evidence are in order.
Filing a workers’ compensation claim for an occupational disease in South Carolina is a detailed process with strict requirements and deadlines. Unlike injury claims that stem from a single event, occupational diseases develop over time, making it essential to prove the connection between your illness and workplace conditions.
Start by notifying your employer in writing as soon as possible and seek a prompt medical diagnosis. Your doctor must establish a clear link between your illness and workplace exposure, so be thorough when describing your job duties and any hazardous conditions you’ve encountered.
The strength of your claim depends on the quality of your medical and employment records.
Additionally, you’ll need to file specific forms with the South Carolina Workers’ Compensation Commission. If your claim is disputed or denied, you’ll file Form 50 (Employee’s Notice of Claim and/or Request for Hearing). If you choose to waive future benefits to remain in hazardous work, you’ll need Form 65, which must include a physician’s statement and go through the Commission for approval. The Commission may hold an informal conference if there are concerns about your health before deciding on the waiver.
Meeting deadlines is critical in protecting your right to benefits. Missing these can result in your claim being denied.
If your claim is denied, you can appeal, but the appeal must also be filed within the same two-year period.
For workers in industries with high exposure risks or those dealing with illnesses like asbestosis or mesothelioma, the process may be more straightforward due to established medical connections. However, the documentation requirements remain extensive, and proving causation often requires meticulous attention to detail.
Given the complexity of these claims and the tight deadlines, many workers turn to legal professionals for help. Attorneys, such as those at Berly Rouse Attorneys in Charleston, can guide you through the process, gather evidence, and represent you in hearings or appeals, increasing your likelihood of success.
The South Carolina Workers’ Compensation Commission provides all necessary forms online, making them accessible for anyone filing a claim. However, completing these forms accurately and compiling the required evidence is critical – small mistakes can determine whether your claim is approved or denied. By staying organized and adhering to all deadlines, you’ll be better equipped to handle any challenges that arise during the process.
South Carolina’s workers’ compensation system has specific rules and restrictions that make occupational disease claims different from standard injury cases. These provisions, along with the eligibility and benefits guidelines, outline the unique challenges and processes involved in such claims.
For occupational disease claims, the two-year statute of limitations doesn’t start when symptoms first appear. Instead, it begins when the disease is reasonably connected to the workplace. This distinction is especially important because many occupational diseases, like asbestosis or silicosis, develop over years of exposure. Precise timing becomes critical when dealing with multiple workplace exposures.
Certain professions, such as law enforcement and firefighting, have statutory presumptions that can influence filing deadlines for conditions like cardiac or respiratory diseases, potentially providing additional leeway.
When an occupational disease claim is contested, the process typically starts with the South Carolina Workers’ Compensation Commission. Meeting all deadlines is crucial to ensure a smoother resolution process. For complex medical disputes, the Commission may involve a specialized medical board, as outlined in Sections 42-11-130 to 42-11-160. This board, composed of disease-specific medical experts, reviews evidence and provides a detailed report to assist the Commission in making a decision. For instance, in cases like asbestosis, where the connection to work might be debated, the board’s input can be pivotal.
As mentioned earlier, the responsibility to prove the link between the disease and workplace conditions lies with the employee. This requires thorough medical documentation and expert testimony.
Benefits for occupational disease claims are generally capped at 500 weeks, except in catastrophic cases. Additionally, Section 42-11-50 prevents dual compensation for overlapping disabilities, ensuring that employees cannot receive benefits for both an injury and an occupational disease covering the same period.
If the Commission denies a claim, workers can appeal through the South Carolina Court of Common Pleas and, if necessary, higher appellate courts.
One unique feature of South Carolina’s occupational disease law is the option to file a Form 65 waiver. If you wish to continue working in a hazardous environment despite having an occupational disease, you can submit a Form 65 along with a physician’s statement. The Commission reviews these waivers and may deny them if continued work poses a significant risk of further disability.
South Carolina’s no-fault workers’ compensation system means you don’t have to prove employer negligence to qualify for benefits. However, successfully linking your disease to workplace conditions remains essential, given the intricate nature of these cases.
Because of these complexities, many workers turn to experienced legal professionals for help. Firms like Berly Rouse Attorneys in Charleston focus on workers’ compensation cases and can provide the guidance needed to navigate these challenging claims effectively.
South Carolina’s workers’ compensation system for occupational diseases comes with its own set of challenges. Success hinges on adhering to legal definitions, meeting documentation standards, and respecting strict deadlines. Only diseases directly caused by workplace-specific hazards qualify for compensation, making it essential for both workers and employers to evaluate eligibility early on. Strong medical evidence and thorough exposure records are key to building a solid claim.
The system’s strict timelines – like the 90-day notice and two-year filing deadline – require swift action. Missing these deadlines can lead to claim denial, leaving workers without the compensation they deserve.
Recent legal developments highlight how these laws continue to evolve. For example, in October 2025, the South Carolina Court of Appeals overturned a denied occupational disease claim, citing the Workers’ Compensation Commission’s failure to properly apply legal standards and consider critical medical evidence. This case emphasizes the importance of detailed documentation and expert testimony in proving the link between workplace conditions and disease.
Although South Carolina’s no-fault system eliminates the need to prove employer negligence, workers must still establish a clear connection between their illness and workplace hazards. Compensation benefits are generally capped at 500 weeks, except in severe cases, making it crucial to understand the benefits available and the legal steps involved.
"The Law Isn’t Always Black and White, We Provide Clarity When It’s Complex" – Berly Rouse Attorneys
Given the complexities of these claims, legal expertise is often indispensable. Firms like Berly Rouse Attorneys, based in Charleston, focus on workers’ compensation cases and have extensive experience with occupational disease claims. Their guidance can make all the difference – helping workers gather evidence, meet deadlines, and resolve disputes when claims are challenged.
To establish an occupational disease claim in South Carolina, you’ll need to present solid medical evidence that links your condition specifically to your job. This usually involves providing medical records, diagnostic test results, and a thorough report from your doctor explaining how your workplace or job duties caused or contributed to your illness.
In addition, employment records may be necessary to demonstrate prolonged exposure to hazardous conditions. Compiling detailed and specific evidence is key to pursuing a successful claim under South Carolina’s workers’ compensation laws.
In South Carolina, firefighters and law enforcement officers benefit from certain legal presumptions designed to simplify access to workers’ compensation for occupational diseases. These presumptions acknowledge that illnesses such as respiratory issues, heart disease, or particular types of cancer are more likely to stem from the hazards tied to their demanding professions. For instance, if a firefighter is diagnosed with a lung disease, it’s often presumed to be work-related unless evidence suggests otherwise.
These rules lighten the burden of proof for workers, making it easier for them to secure the benefits they need. However, the specifics – like eligibility criteria – can differ depending on the situation. Seeking guidance from an attorney well-versed in South Carolina’s workers’ compensation laws can help clarify your rights and next steps.
Filing a workers’ compensation claim for an occupational disease in South Carolina requires a few essential steps. First, you need to inform your employer as soon as you realize the disease is job-related. In South Carolina, this notification must typically be made within 90 days of discovering the condition. Missing this deadline could put your claim at risk.
Once you’ve notified your employer, the next step is filing a formal claim with the South Carolina Workers’ Compensation Commission. You generally have two years from the date you became aware – or should have been aware – of the disease to file. To avoid delays or errors, make sure to collect all relevant medical records and other documentation that support your case.
If the process feels overwhelming or you’re unsure about the details, reaching out to an experienced attorney can help you navigate the system, protect your rights, and ensure you meet all critical deadlines.
If you need experienced legal representation in Charleston, South Carolina, contact Berly Rouse. Our team is ready to help you achieve the best possible outcome. Visit our offices or call today to schedule a consultation to discuss your case.
At Berly Rouse, we’re proud to be a leading law firm in Charleston, SC, committed to serving our community with integrity, dedication, and legal excellence. Let us put our experience to work for you.
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