What is the maximum comp rate for South Carolina Workers' Compensation cases in 2026?
For workers’ compensation injuries occurring on or after January 1, 2026, the maximum weekly compensation rate in South Carolina is $1,189.94.
This is an increase from the 2025 maximum weekly rate of $1,134.43.
This was announced in the Advisory Notice published by the South Carolina Workers' Compensation Commission dated Jated January 13, 2026. That notice states in relevant part:
The South Carolina Department of Employment and Workforce has certified that the average weekly wage in South Carolina for the period of July 1, 2024, through June 30, 2025 was $1,189.94 (one thousand one hundred eighty-nine dollars and ninety-four cents). South Carolina Code Ann. Section 42-9-10, provides, in pertinent part, that "The injured employee may not be paid more each week than the average weekly wage in this State for the preceding fiscal year."
Therefore, according to South Carolina Code Sections 42-1-50; 42-9-10; and 42-9-20, et seq. (1976), the maximum weekly compensation rate for injuries arising on and after January 1, 2026, shall be $1,189.94 (one thousand one hundred eighty-nine dollars and ninety-four cents). This order supersedes the December 15, 2025 order certifying the average weekly wage and applies retroactively to January 1, 2026.
What Does “Maximum Compensation Rate” Mean?
Under South Carolina workers’ compensation law, an injured employee may be entitled to several benefits, including medical care, temporary disability payments, and compensation for permanent impairment.
Weekly compensation benefits, such as Temporary Total Disability (TTD), are calculated based on the employee’s average weekly wage (AWW) at the time of the injury. The standard formula is:
Two-thirds (2/3) of the employee’s average weekly wage
However, there is a cap. The “maximum compensation rate” is the highest weekly amount an injured worker can receive, regardless of income.
For 2026 injuries:
- Two-thirds of your average weekly wage is calculated
- If that number exceeds $1,189.94, your weekly benefit is capped at $1,189.94
What Income Level Triggers the Maximum Rate?
To reach the maximum compensation rate in 2026, an employee would need an average weekly wage of approximately:
$1,784.91 or higher per week
(about $92,800 annually)
Employees earning less than this amount will typically receive the full two-thirds of their wages without being affected by the cap.
Who Is Affected by the Maximum Compensation Rate?
The maximum rate only impacts higher-income employees.
- If you earn below ~$1,784.91 per week, the cap does not affect you
- If you earn above that amount, your weekly benefits will be limited to the maximum rate, even if two-thirds of your wages would be higher
What does the compensation rate actually mean?
The compensation rate will be the amount of the weekly checks paid while people are out of work.
The compensation rate will also be used to calculate the amount of any settlement or lump-sum payment as a result of an injury. The higher the compensation rate, the higher a settlement or lump-sum payment would be for an injury.
Workers' Compensation Lawyer for Lexington, South Carolina
The Law Office of James R. Snell, Jr., LLC, represents clients in workers' compensation matters in Lexington, South Carolina, and all surrounding areas, including Columbia, South Carolina. We have significant experience in representing clients with a variety of injury types, ranging from simple fractures all the way to catastrophic injuries resulting in permanent disability. We also have experience in representing clients who are pursing both a Workers' Compensation claim, and a third-party claim (such as a car wreck while working).
There is no cost to meet with us about your case. To schedule an appointment call us at (803) 359-3301. Same-day appointments are typically available.
When we are retained to represent a client in a workers' compensation matter there are no fees required to be paid up front. Instead, fees are only assessed if the case is successful and results in a settlement or other monetary award. Fees are computed before costs are subtracted from any recovery.