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More Fines are Coming

Leslie Whitten

In looking at the minutes of the last Full Commission business meeting, I noticed that the Claims Department at the SC Workers’ Compensation Commission reported an ever increasing amount of fines assessed since the beginning of the year.  For example, the department collected $14,000 more in fines in May than it did in April.  Whether this means that more adjusters are failing to file forms properly or that the Claims Department is just paying closer attention, I don’t know.  Either way, it’s more important than ever to timely and accurately file forms.  If you are unsure of what forms need to be filed when, our cheat sheet for 2019 lays out the forms and their purpose.  Primarily, be sure to file a Form 15 when you start (or in some instances stop) TTD and file a Form 18 every 6 months.  Those seem to be the forms that are missed most often.  As always, contact us if you have questions about what form to file when.  We’re happy to help, even if we don’t have the file, and it is much more effective to get advice before the form is to be filed than after a fine has already been assessed!

S.C. Code § 42-19-30 allows for fines of $10 – $100 for each form not filed as required, and S.C. Code § 42-3-105 allows the Commission to double any fines.  In our experience, they typically exercise that right, and it takes a rather unusual situation for a fine to be rescinded.