The Commission frequently receives subpoenas from various courts requesting claims files. Generally, the Commission’s records are subject to a strict confidentiality statute and are not open to the public but only to the employee or employer involved in the claim for which records are sought. If the requester was not a party to the workers' compensation claim for which records are desired and the subpoena issues from a South Carolina State Court or Administrative Agency, the Commission requires a release signed by the claimant in order to provide the records. The Commission does not require a signed release to provide claims files pursuant to a Federal Court subpoena. Payment is required upon production of copies pursuant to the Commission's fee schedule. Subpoenas and any questions regarding this procedure should be referred to the Commission's Legal Department.
If you are a claimant or a defendant or respective counsel for either entity and seek the claims file for a claim in which you are currently participating, please submit a records request. Payment is required upon production of copies pursuant to the Commission's fee schedule. Records Requests should be sent to the Commission's Judicial Department.