Workers' Comp for Janitorial in South Carolina (2026)

How workers' comp works for janitorial in South Carolina

South Carolina is an NCCI state with a competitive private insurance market regulated by the South Carolina Department of Insurance and administered by the South Carolina Workers' Compensation Commission (WCC). No state insurance fund exists; coverage must be placed with a licensed private carrier or through the residual/assigned-risk pool. Employers with four or more employees — full-time or part-time — must carry coverage. The WCC resets the maximum weekly compensation rate each January 1 to match the state average weekly wage certified by the SC Department of Employment and Workforce for the prior fiscal year. For 2026, that rate is $1,189.94, up from $1,134.43 in 2025.

A critical liability trap for janitorial contractors: under SC Code Ann. §42-5-12, if a subcontractor performing janitorial work is uninsured, the higher-tier contractor, general contractor, or project owner is automatically liable for that subcontractor's employees' WC claims — in the first instance. The Uninsured Employers' Fund then pays and seeks reimbursement, but the contractor is on the hook until responsibility is transferred. Always verify subcontractor WC certificates before deploying any cleaning crews on South Carolina job sites.

Class code and rate (2026)

• Code 9014 — Janitorial Services by Contractors, No Window Cleaning Above Ground Level & Drivers. South Carolina is an NCCI loss-cost state. Indicative market rate from national carriers: approximately $2.20/$100 payroll. Confirm the current SC-specific NCCI advisory loss cost via NCCI Class Lookup (ncci.com) or the SC Department of Insurance rate filings.
• Code 9170 — Janitorial with above-ground window cleaning. Substantially higher rate; separate payroll records required.
• Code 9015 — Buildings operated by owner/lessee (in-house janitors). Lower exposure profile; inapplicable to contract cleaning firms.

Indemnity benefits (South Carolina 2026)

• Max weekly TTD/PTD/death: $1,189.94 (effective 1/1/2026 per SC WCC order; = 66.67% of state average weekly wage of $1,189.94; SC Code Ann. §42-9-10 and §42-1-50). This was increased from $1,134.43 in 2025 — a $55.51/week increase.
• No separate statutory minimum weekly floor for TTD; low-wage earners receive 66.67% of their actual average weekly wage.
• TTD maximum duration: up to 500 weeks (SC Code Ann. §42-9-10).
• Waiting period: 7 calendar days; first 7 days compensated retroactively if disability exceeds 14 days (SC WCC Injured Worker FAQ; §42-9-260).
• PPD (permanent partial disability): percentage of maximum compensation based on schedule (§42-9-30); death benefits: 500 weeks maximum to surviving dependents.

Coverage thresholds and exemptions

• Mandatory for employers with 4 or more employees (full-time or part-time); SC Code Ann. §42-1-360.
• Excluded: employers with fewer than 4 employees; sole proprietors and partners unless voluntarily elect coverage; domestic servants; certain agricultural and railroad workers.
• Independent contractor test: South Carolina applies the common-law "right to control" test; janitors supervised, trained, and scheduled by a cleaning contractor are almost always employees under SC courts' analysis.
• Corporate officers of a corporation count as employees; officers who own at least 50% of a closely held corporation may elect exclusion.

Failure-to-insure penalty

Under SC Code Ann. §42-5-20, an employer who willfully fails to maintain required coverage is guilty of a criminal misdemeanor. The SC Workers' Compensation Commission's Uninsured Employers' Fund pays injured workers of uninsured employers and then seeks full reimbursement plus penalties from the employer. Under §42-5-12, higher-tier contractors and project owners bear joint-and-several liability for the compensation due to employees of uninsured subcontractors — a significant risk for janitorial firms that subcontract cleaning work. Administrative coverage late fines of $200 are also assessed per the SC WCC Fines and Penalties schedule. The WCC may petition for a court injunction to halt business operations until coverage is secured.

Cost drivers specific to janitorial in South Carolina

• Top injuries (BLS NAICS 561720): slips/falls on wet surfaces, back/shoulder strains from mopping and trash handling, chemical burns from cleaning agents — consistent with national janitorial profile.
• South Carolina's 500-week TTD cap is relatively generous; at $1,189.94/week, a catastrophic back injury on a fully disabled worker could produce up to $594,970 in indemnity exposure over the maximum term.
• The subcontractor joint-and-several liability rule (§42-5-12) makes certificate-of-insurance verification for all subs a non-negotiable compliance step in SC.
• Bid-math note: at ~$2.20/$100, load WC at approximately 2.2% of gross wages in South Carolina bids. Adjust upward for any high-risk subcontracted work (window cleaning, pressure washing, industrial cleaning).

Primary sources

• South Carolina Workers' Compensation Commission
• SC WCC — 2026 Maximum Weekly Compensation Rate ($1,189.94)
• SC WCC — Fines and Penalties
• SC WCC — Injured Worker FAQs (waiting period, benefit formula)
• NCCI Class Code Lookup
• BLS NAICS 561720 Injury Data