South Carolina’s state laws require most employers to carry workers’ compensation to cover the medical bills and lost wages for employees who sustain work-related injuries or illnesses. Still, “most” is not “all,” and injured state, railroad, agricultural, and other workers are or may be excluded from coverage. A Greenville workers’ compensation lawyer can determine if you are entitled to benefits and help you with other means of pursuing damages if you are not.
Who is covered by workers’ comp insurance?
The South Carolina Workers’ Compensation Commission (SCWCC) Employer FAQs state that, “As a general rule, businesses that regularly employ four or more employees within South Carolina are required to maintain workers’ compensation coverage.” Temporary and seasonal workers, part-timers, and hired family members are included under this statement.
What types of employees can be excluded from workers’ compensation benefits?
Under South Carolina workers’ compensation law, some workers are excluded from benefits. These workers include:
- Casual employees or those working on an “as-needed” basis
- Those working for businesses that employ fewer than four employees
- Agricultural workers
- Railroad and railway workers
- Employees of a “state and county fair association”
- Federal employees
- Independent contractors whose factors of employment meet the specific characteristics warranting this designation
Workers’ compensation exemptions may also apply in some cases to general contractors and subcontractors, depending on their business structure and role in the project. Employers in these roles should seek legal advice to ensure compliance. Workers under these employees should also seek guidance to ensure their fair treatment.
Can an employer request a workers’ comp exemption?
For some, carrying workers’ compensation insurance is a choice. For example, sole proprietors, members of a Limited Liability Company (LLC), corporate officers, and some others can opt out of workers’ compensation.
To opt out, these parties must fill out Form 38 and file a notice of election to be exempt from workers’ compensation insurance. This exemption only applies to their own coverage; it doesn’t exempt them from covering employees they may hire.
What options are there for injured employees excluded from workers’ compensation?
If you sustain a work-related illness or injury but were told you are excluded from workers’ comp coverage, your lawyer can help you explore whether you truly are excluded and if so, other ways to secure compensation. Your employer may have business insurance, or your own health insurance may apply.
Third-Party Claims
Sometimes, another party’s negligence causes an on-the-job injury and presents grounds for
third-party liability in work injury claims. Depending on your workers’ comp eligibility, you could be entitled to both workers’ compensation and damages collected through a third-party claim, or just third-party damages.
For example, a construction worker could be injured by a malfunctioning electrical tool and collect workers’ comp and damages through a product liability claim. A casual employee could fall from a weakened stair and file a premises liability claim. Whatever your situation, we are here to answer all your questions during work accident cases and provide trustworthy guidance.
We can fight to get you compensated for your work injury
Check out our South Carolina workers’ compensation guide for a general understanding of how workers’ compensation might apply to you. Then, get in touch to arrange a free consultation by calling (864) 343-2222 or by completing our contact form online.
Smith Jordan Law is ready to fight to get you justly compensated for your injuries, whether you are covered by or excluded from workers’ compensation benefits. As an injured worker, you have rights, and we will work to ensure they are upheld.