Every state has a form of insurance that allows individuals injured at work to recover compensation for their injuries. This form of compensation is known as workers’ compensation insurance. Workers’ compensation provides financial assistance for workers who suffered injuries during the scope of their employment.
Generally, employers in South Carolina are required to carry workers’ compensation insurance if they regularly employ four or more workers full- or part-time. There are, however, certain exceptions to this rule, including but not limited to agricultural employees, railroads, and railway express companies and their employees. Furthermore, regardless of the number of employees, any employer who had an annual payroll of less than $3,000 in the previous does not need to provide workers’ compensation insurance. Unpaid volunteers are also not entitled to workers’ compensation benefits because they are considered gratuitous employees.
Who Is Covered Under South Carolina’s Workers’ Compensation Law?
Under South Carolina law, in order to be eligible for workers’ compensation insurance, an individual must be considered an “employee.” The definition of an employee is broad and encompasses a variety of workers, including “every person engaged in an employment under any appointment, contract of hire, or apprenticeship, expressed or implied, oral or written, including aliens and also including minors, whether lawfully or unlawfully employed.” It includes both part- and full-time workers. South Carolina also recognizes certain “statutory employees,” those who work for a subcontractor who may be working for a business or another contractor.
Ultimately, whether or not someone is considered an employee boils down to the “degree of control” that an employer exercises over a worker. The issue is whether the employer had the right to control the individual’s work. Factors that bear on this test include:
- direct evidence of the right or exercise of control;
- furnishing of equipment;
- method of payment; and
- right to fire.
Notably, independent contractors are not entitled to receive workers’ compensation. Independent contractors are self-employed and are not considered employees. Employers sometimes try to reclassify workers as independent contractors in order to avoid having to pay workers’ compensation benefits. If an employer tries to claim that you are not a covered employee, you should reach out to an experienced South Carolina workers’ compensation attorney who can help you understand your rights.
Contact a Greenville Workers’ Compensation Attorney
If you or a loved one has suffered a work-related injury, a Greenville Workers’ Compensation Lawyer can help protect your rights. David R. Price, Jr. is a Greenville workers’ compensation attorney who has extensive experience helping injured workers to obtain compensation for their injuries. David R. Price, Jr. can answer any questions you may have and can help you through the process to obtain workers’ compensation.
Contact David R. Price, Jr. for a free initial consultation and case evaluation. You can call us today at 864.271.2636 or visit our office at 318 West Stone Avenue in Greenville.