What Kinds Of Workers Are Covered By Workers’ Compensation?

Free Case Evaluation
100% Secure and Confidential
Awards & Recognition
award - best upstate
award - Million Dollar Advocate 1
award -Million Dollar Advocated Logo
award -superlawyers
award - SCAJ Logo 1
award - SC Bar Logo

South_Carolina_What_Kinds_of_Workers_Comp_picture
For those workers injured on the job, it’s good to know that a system exists to provide protection when you require time to recover. Rather than worry about the loss of your income or how you’ll pay medical bills, the workers’ compensation system exists to step in and defray these expenses. To find out what kinds of workers are and are not covered by workers’ compensation, keep reading.
Who is covered?
According to the South Carolina Workers’ Compensation Commission, nearly every worker in South Carolina is presumed to be covered by the state’s Workers’ Compensation Act. This measure was written broadly to try and include as many employees as possible, with the understanding that the more employees covered under the act, the more people could be protected and the more costs could be spread out, leading to increased efficiency. Though the goal is coverage for all, the reality is that some groups of employees are left out. Let’s run down the list of who that is.
Certain industries
Though it may seem strange, employees in some specific industries are excluded from the South Carolina Workers’ Compensation Act. Those who work in the agricultural industry, in the railroad business, federal employees, some real estate salespeople and corporate officers are not able to file claims within South Carolina’s existing worker’s comp system. Though this can be a downside for those in unprotected industries, many of these workers have alternate means of seeking compensation for injuries. Existing systems are in place for both railroad workers and federal employees to provide compensation after workplace injuries, meaning these workers won’t be left out entirely.
Small businesses
The South Carolina Workers’ Compensation Act also says that employees of very small businesses are not required to be covered by workers’ comp insurance. The requirements for these small businesses are very stringent and only apply to companies with fewer than four workers and a payroll of less than $3,000. Given the expense of workers’ comp insurance for employers, lawmakers decided such small businesses ought to be granted an exemption.
Independent contractors
Another important exception to workers’ comp insurance is for those who are not officially deemed employees, meaning anyone who is found to be an independent contractor. Independent contractors are not technically employees and thus do not fall under the workers’ comp insurance plan of their employers. Although a person may technically be labeled an independent contractor, there are times when this label is inaccurate, often happening when employers purposely misclassify workers to avoid responsibility for certain tax and insurance obligations. If an employer has misclassified an employee as an independent contractor, it’s nice to know that this misclassification can be challenged and workers’ compensation coverage can be granted if the employer is found to be in the wrong.

Frequently Asked Questions

What does a personal injury lawyer do?

A personal injury lawyer is a licensed professional who helps an injured person with his or her legal case. A personal injury lawyer investigates the situation and evaluates the injured person’s legal options. The lawyer files the claim and acts on their client’s behalf both inside and outside the courtroom. Having a personal injury lawyer means having a trained professional fighting for you in your legal matter.

My case is complex. Can you help me?

Our team is ready for even the most complex cases. Whether it is investigating a complicated legal or factual issue, or presenting your case in court, our team can serve your legal needs.

How do I start a personal injury case?

Often, it is possible to negotiate directly with an insurance company without resorting to a lawsuit, but a case doesn’t formally begin until a claim is filed in court. To start a personal injury case, contact our law offices. We will notify the necessary parties of your claim, and we will draft and file your legal papers to start your case.

Why choose David R. Price, Jr., P.A., Attorneys at Law?

We are proud to handle personal injury cases, wrongful death cases, and other important legal matters for individuals and their families. With our extensive experience, determined advocacy, and personalized representation, we get results for our clients. Contact us for a personalized consultation and begin today.

David R Price Jr, P.A. Attorneys at Law

864-271-2636
Available 24/7

"*" indicates required fields