If you’ve been injured on the job in Greenville and aren’t sure whether you qualify for workers’ compensation, you’re not alone—especially if you’re classified as an independent contractor. Many workers find themselves in a grey area, wondering whether their classification affects their right to benefits. As a Greenville workers’ compensation lawyer, we get this question a lot at Smith Jordan Law: Are independent contractors covered by workers’ comp in South Carolina?
Let’s break down what the law says and what it means for you.
Understanding workers’ compensation in South Carolina
Workers’ compensation is a no-fault insurance system designed to protect employees who are injured while performing job-related duties. If you’re hurt on the job, workers’ comp can cover your medical expenses, a portion of your lost wages, and any permanent disability.
However, these protections are generally limited to employees. That’s where things get tricky for independent contractors.
Are independent contractors covered?
In most cases, independent contractors are not eligible for workers’ compensation benefits in South Carolina. The reasoning is that contractors are self-employed individuals who aren’t under the direct control of a single employer. Since employers aren’t required to provide coverage for non-employees, contractors are often left without this vital safety net.
That said, classification isn’t always clear-cut—and it’s not solely based on what your contract says. Just because your employer calls you a contractor doesn’t mean the law agrees.
Employee vs. independent contractor: it’s about control
South Carolina courts and the Workers’ Compensation Commission use several factors to determine whether someone is truly an independent contractor or actually an employee. These include:
- Who controls how the work is done? If the employer dictates your hours, provides training, or closely supervises your work, that points to an employer-employee relationship.
- Who provides the tools or equipment? Employees usually use tools and materials provided by the employer. Contractors often bring their own.
- How is payment handled? Regular hourly or salaried payments typically indicate employment, whereas lump sum payments for specific tasks suggest independent contracting.
- Can you be fired? If you can be fired then you are not an independent contractor.
- What’s the nature of the work? If the work is a core part of the business, it may support employee status.
If you were injured and think you may have been misclassified, you should speak with a Greenville workers’ comp lawyer to determine your options.
Exceptions: When contractors may still be covered
In some cases, independent contractors can be covered under South Carolina workers’ comp laws.
1. Statutory employees
South Carolina law recognizes a category called “statutory employees.” These are workers who perform tasks that are part of the “trade, business, or occupation” of the company, even if they’re not technically on the payroll. If you meet this definition, you might be eligible for benefits.
2. General contractor responsibility
In construction and similar fields, general contractors’ workers’ compensation insurance carriers may be held responsible for injuries sustained by subcontractors or their workers if those subcontractors don’t have their own workers’ comp insurance. This is why many GCs require proof of coverage from subs before work begins.
3. Voluntary coverage
Some employers opt to provide workers’ comp coverage to contractors even though it’s not required by law. Similarly, some independent contractors purchase their own workers’ comp insurance for protection. If you have this kind of policy, you may still be covered.
Smith Jordan Law can help
At Smith Jordan Law, we understand how confusing and frustrating workers’ comp cases can be—especially for independent contractors. You don’t have to navigate this process alone. Our experienced legal team has helped many workers in Greenville fight for the benefits they deserve, even when their employment status was unclear.
If you’re unsure whether you’re eligible for workers’ comp, give us a call. We’ll listen to your story, review the facts, and give you honest advice about your options.
Call Smith Jordan Law today at (864) 343-2222 to schedule a free consultation with a trusted Greenville workers’ comp lawyer. Let’s find out what you’re really entitled to.
