Form 5 (South Carolina): the workers' comp owner exemption
Corporate Officer Notice to Reject. Who can file it, where to get it, how to file, the fee, when it takes effect, and how often it renews — from South Carolina Workers’ Compensation Commission.
Form 5 filing snapshot
FormForm 5 — Corporate Officer Notice to Reject
Issuing bodySouth Carolina Workers’ Compensation Commission
Filing methodCorporate officer signs/notarizes Form 5 and provides it to the employer and employer’s insurance carrier as required by the form/regulation.
Fee$0
Common mistakeForm 5 is for corporate officers; no general LLC-member Form 5 path is inferred. The Commission forms list currently shows no filing fee for Form 5.
When it takes effectNo earlier than the day after the corporate officer signs the notice, subject to the required notice mechanics.
RenewalNo fixed annual renewal; remains until revoked/superseded or policy/status facts change under the applicable rules.
Watch out forForm 5 is specifically a corporate-officer rejection; do not extend it automatically to LLC members.
Get the Form 5 from South Carolina Workers’ Compensation Commission
Which South Carolina owners can use the Form 5
Sole proprietorA sole proprietor is not automatically treated as an employee-owner for personal coverage; if actively engaged in the business, the proprietor may elect to be included under the business policy by notifying the insurer.
LLC memberThe current Commission form list and statute do not identify a general LLC-member rejection mechanism equivalent to Form 5. Form 5 is expressly for corporate officers, so LLC-member treatment should be confirmed with the Commission/carrier rather than inferred from the corporate rule.
PartnerAn actively engaged partner may elect to be included as an employee under the business workers' compensation coverage by notifying the insurer.
Corporate officerA corporate officer may reject personal coverage using WCC Form 5. The form is notarized, goes to the employer and its insurance carrier under Commission rules, and the effective date may be no sooner than the day after the officer signs it.
Employee threshold: South Carolina's statute defines covered private employment to include businesses with four or more regular employees. A separate statutory exemption also addresses employers whose prior-calendar-year total annual payroll was under $3,000 regardless of headcount, along with other specifically excluded employments. In construction: Current Commission and statutory materials do not publish a separate general construction head-count trigger. The ordinary coverage/exemption rules still apply, while contractor and worker-classification issues can create separate obligations.
Read the full context in the South Carolina workers' comp exemption guide, or run the eligibility screener to check your entity type first.
Form 5 (South Carolina): frequently asked questions
- Where do I get the Form 5 form in South Carolina?
- The Form 5 (Corporate Officer Notice to Reject) is issued by South Carolina Workers’ Compensation Commission. Corporate officer signs/notarizes Form 5 and provides it to the employer and employer’s insurance carrier as required by the form/regulation. Use the official link on this page rather than a third-party copy, which may be out of date.
- Is there a fee to file the Form 5 in South Carolina?
- $0
- How often does the Form 5 exemption renew in South Carolina?
- No fixed annual renewal; remains until revoked/superseded or policy/status facts change under the applicable rules. Watch out: Form 5 is specifically a corporate-officer rejection; do not extend it automatically to LLC members.
Where this comes from
The Form 5 entry is anchored to South Carolina Workers’ Compensation Commission — the state agency that issues and processes the form — not a generalized summary. Source-checked 2026-09-02.