Winter weather can create unique workplace hazards in South Carolina, from sudden slips on freezing rain to prolonged cold exposure that leads to hypothermia or frostbite. Even in a generally mild climate, cold snaps in the Pee Dee and Lowcountry regions can catch employers and employees off guard, increasing the risk of serious injury. This guide explains South Carolina worker’s compensation basics, eligibility rules, and how the no-fault system addresses cold-related injuries so that employees understand how to secure medical care and wage replacement.
You’ll learn about common winter-specific injuries seen in Florence, Summerville, and surrounding areas, the step-by-step reporting and filing process with the South Carolina Workers’ Compensation Commission (SCWCC), and what benefits may be available. The article also covers reporting deadlines, practical evidence strategies to reduce insurer denial risk, and when hiring a lawyer can make the difference in protecting your rights.
What Is South Carolina Worker’s Compensation and Who Is Eligible?
South Carolina’s worker’s compensation system is a no-fault administrative program designed to provide fast, predictable benefits for employees who suffer job-related injuries or illnesses. It’s governed by the South Carolina Workers’ Compensation Act (Title 42, South Carolina Code of Laws) and administered by the SCWCC.
For employees, the system ensures access to medical treatment, wage replacement, and compensation for permanent disability—without the need to prove employer negligence. For employers, it limits exposure to costly civil lawsuits by making worker’s compensation the exclusive remedy in most workplace injury cases.
Eligibility generally includes anyone classified as an employee (not an independent contractor) who suffers an injury arising “out of and in the course of employment.” Most South Carolina employers with four or more employees must carry worker’s compensation insurance, though certain agricultural and railroad workers may be exempt.
Understanding whether you qualify as an “employee” under the statute—and documenting that status through pay records, contracts, or supervision evidence—is critical to securing coverage when a winter-related injury occurs.
How the No-Fault Worker’s Compensation System Works in South Carolina
The no-fault structure means that injured workers can receive benefits without proving their employer caused the injury. Instead, the system focuses on whether the injury occurred while performing job duties. Claims are processed administratively through the SCWCC, not the civil court system.
Once a claim is reported, the employer’s insurance carrier investigates and either accepts or denies the injury. Medical benefits and temporary wage replacement often begin after medical documentation confirms a compensable condition. If the claim is denied or disputed, the worker may file a Form 50 to request a formal hearing before the Commission.
Importantly, workers’ compensation does not prevent filing a separate civil claim against a negligent third party (like a property owner who failed to clear ice), but those cases are distinct from the administrative benefits process.
Common Winter-Related Workplace Injuries in South Carolina
Although South Carolina’s winters are shorter than northern states, the occasional freeze brings hazards that can cause significant harm. The SCWCC recognizes several cold-related injuries as compensable if properly documented:
Hypothermia – dangerously low core temperature from prolonged cold exposure.
Frostbite – localized tissue freezing from direct exposure.
Cold stress – physical and cardiovascular strain due to cold environments.
Slip-and-fall injuries – accidents on icy or wet surfaces during work activities.
Exacerbation of chronic conditions – cold aggravating pre-existing heart or respiratory illness during work.
Understanding how to document causation for these injuries—linking the event directly to work duties—is vital to a successful claim.
Hypothermia as a Work-Related Injury
Hypothermia occurs when body temperature drops below 95°F due to extended cold, wind, or moisture exposure. It is compensable when the exposure occurred during assigned work duties, especially if the employer failed to provide adequate breaks, heating, or protective clothing.
Key medical evidence includes emergency department notes describing temperature, weather conditions, and witness reports. Job duties that commonly result in hypothermia include utility repair, construction, road maintenance, and delivery driving during freezing rain.
To support a claim, employees should collect:
Statements from coworkers who observed the exposure.
Employer weather safety policies (if available).
Incident and treatment documentation linking symptoms to work activities.
Frostbite and Worker’s Compensation Claims
Frostbite involves tissue damage from freezing skin and underlying tissue. It can lead to permanent impairment or even amputation. Frostbite is recognized under South Carolina law as a compensable workplace injury when the exposure occurred during assigned duties.
Medical evidence—such as specialist evaluations, photographs, and surgical reports—are often required. Since frostbite can result in lasting functional loss, impairment ratings following treatment play a major role in determining benefit levels.
Employers have a duty to provide reasonable protective equipment in cold environments. When they fail to do so, documentation of inadequate clothing or lack of shelter becomes crucial in proving causation.
Understanding Cold Stress and Related Medical Claims
Cold stress doesn’t always involve freezing injuries—it refers to the body’s physiological reaction to sustained low temperatures. Workers may experience numbness, fatigue, shortness of breath, chest pain, or worsening of conditions like arthritis or asthma.
These cases are compensable when the worker’s job required exposure and the resulting condition is medically linked to that exposure. Physicians often use diagnostic notes to tie symptoms to environmental factors, which must be clearly referenced in SCWCC filings. Employers’ failure to rotate workers, provide warm-up breaks, or supply protective gear can strengthen such claims.
Slip-and-Fall Injuries on Ice or Wet Surfaces
Slip-and-fall accidents during icy conditions are among the most common winter-related claims. When they occur on the job site, while performing work duties, or traveling between job assignments, they are typically covered.
To prove compensability:
Take photos of the ice or hazard as soon as possible.
Obtain witness statements and employer incident reports.
Get immediate medical care to document injuries.
These accidents may involve additional third-party liability (for example, if a property owner or contractor failed to de-ice a surface), allowing separate civil recovery beyond worker’s compensation benefits.
How to File a Worker’s Compensation Claim for Winter Injuries
Step 1: Report the Injury
Report the injury to your supervisor or HR department immediately. Verbal notice should be followed by a written statement within 90 days, detailing the time, place, and circumstances of the incident.
Step 2: Seek Medical Care
Obtain medical attention from the employer’s authorized provider unless emergency treatment is needed. Ensure the medical record specifically notes the connection between work duties and cold exposure or fall injury.
Step 3: Preserve Evidence
Keep copies of pay stubs, medical records, photographs, and witness contact information. These materials prove employment, exposure, and injury severity.
Step 4: File With the SCWCC
If benefits are delayed or denied, file Form 50 with the South Carolina Workers’ Compensation Commission. This starts the official administrative process and ensures your claim is on record.
SCWCC Forms and Procedures
Form 50 – Employee’s Claim
Filed by the injured worker or attorney when benefits are denied or delayed.
Must include injury details, employer information, and requested relief (such as wage benefits or medical coverage).
Form 52 – Employer/Insurer Report
Filed by the employer or insurer after receiving notice of injury.
States whether the claim is accepted or denied.
Additional Forms
Other forms cover scheduling, medical evidence, motions, or appeals. Errors—such as missing injury descriptions or incorrect employer info—can delay hearings, so accuracy is essential.
Deadlines and Statutes of Limitations
South Carolina law requires:
Notice to employer within 90 days of injury.
Formal claim filing within two years of the accident or diagnosis date.
Failing to meet these deadlines can result in claim dismissal. Exceptions exist for occupational illnesses or fraudulent concealment by the employer, but workers should never rely on exceptions—prompt filing is the safest course.
Available Benefits Under South Carolina Worker’s Compensation
Medical Benefits
Covers all reasonable and necessary treatment related to the injury, including hospitalization, surgery, rehabilitation, and medication. Workers must generally use an authorized provider selected by the employer or insurer.
Temporary Total Disability (TTD)
Provides wage replacement (usually two-thirds of the worker’s average weekly wage) during periods of total disability. Payments start after a seven-day waiting period.
Temporary Partial Disability (TPD)
If the worker can return to light duty or part-time work at reduced pay, TPD compensates for the lost income difference.
Permanent Partial or Total Disability
When a worker reaches Maximum Medical Improvement (MMI) and still has impairment, permanent benefits are calculated using impairment ratings and statutory schedules.
Vocational Rehabilitation
When injuries prevent returning to prior employment, vocational retraining or job placement assistance may be available under certain conditions.
Lost Wage Calculation
Average weekly wages are based on the employee’s earnings over the previous 52 weeks, including overtime and bonuses when applicable. Disputes can arise over whether seasonal or commission income should be included. Retaining payroll records and tax documents ensures accurate benefit calculation.
Pain and Suffering Exclusion
Worker’s compensation benefits do not include pain and suffering, as the system substitutes guaranteed, limited recovery for fault-based civil suits. However, if a third party—like a negligent driver or outside contractor—contributed to the injury, the employee may pursue a separate lawsuit for full damages while still collecting worker’s compensation benefits.
When to Hire a Lawyer
Hiring a lawyer can be crucial when:
The claim is denied or disputed.
There’s a permanent impairment.
Wage calculations are incorrect.
The insurer delays or withholds payments.
An experienced worker’s compensation attorney can help navigate SCWCC procedures, gather expert medical evidence, and ensure compliance with statutory requirements.
How Lawyers Maximize Benefits
Attorneys strengthen claims by:
Gathering complete medical records and specialist opinions.
Calculating lost wages and disability benefits accurately.
Filing and tracking all Commission forms.
Representing clients during hearings, mediation, and appeals.
They also ensure clients don’t waive future benefits in settlements or accept less than they’re entitled to under SC law.
Insurance Company Tactics to Watch For
Insurers may argue:
The condition was pre-existing or not work-related.
The employee was an independent contractor.
Reporting was delayed.
The injury occurred off duty.
They may also request “independent medical exams” (IMEs) that dispute your doctor’s findings. Countering these tactics requires timely evidence collection and, often, legal advocacy.
Legal Support in Florence and Summerville
Smith Ammons Attorneys At Law serves injured workers in the Pee Dee and Lowcountry regions, offering free consultations and representation before the SCWCC. With offices in Florence and Summerville, the firm assists with:
Initial claim evaluation and evidence review.
Form 50 preparation and filing.
Hearing and appeal representation.
Their localized understanding of regional weather patterns, industries, and employer practices adds valuable context to winter injury claims.
Frequently Asked Questions (FAQs)
How Do I Report a Winter Injury?
Notify your employer immediately, follow up in writing within 90 days, and include all relevant details. Seek medical care and keep documentation linking the injury to work duties.
Are Slip-and-Fall Injuries Covered?
Yes, if they occur while performing job tasks or on employer property. Evidence such as photos, witness statements, and reports are key to proving compensability.
Can I File a Claim for Hypothermia or Frostbite?
Yes. Ensure medical documentation clearly attributes the condition to workplace exposure and that reporting deadlines are met.
What Is Form 50?
Form 50 initiates a formal claim with the SCWCC when benefits are delayed or denied. It must include complete details and be properly signed and filed.
Do I Need a Lawyer?
Not always, but representation is recommended if your claim is contested, delayed, or involves permanent injury. Many lawyers offer free consultations.
Regional Weather and Claim Impact
Winter conditions vary across South Carolina.
Pee Dee Region (Florence, Darlington): prone to black ice and freezing rain.
Lowcountry (Summerville, Charleston area): colder wind chills with damp exposure.
Employers are expected to adjust work protocols for these risks. Weather records, news archives, and workplace logs often serve as valuable claim evidence.
Staying Informed: SCWCC Updates
The Administrative Procedures Act update effective November 2025 introduces refined filing protocols and hearing schedules. Workers should review current SCWCC notices and consult legal counsel to ensure their filings meet updated standards.
Conclusion: Protecting Yourself After a Winter Workplace Injury
South Carolina’s worker’s compensation system provides essential protection for employees injured during winter work conditions, but success depends on timely reporting, strong medical evidence, and procedural accuracy. Cold exposure, frostbite, or slip-and-fall injuries can lead to lasting health issues, so documenting every detail and understanding your legal rights is vital.
If you’ve suffered a winter-related workplace injury in Florence, Summerville, or anywhere in the Pee Dee or Lowcountry, take proactive steps—report promptly, seek medical care, preserve evidence, and, when needed, consult an attorney experienced in South Carolina worker’s compensation. Doing so ensures your recovery and benefits are fully protected under state law.
