Are independent contractors eligible for workers compensation after an injury in South Carolina?

Charleston, SC – Employers are required to buy workers compensation insurance for their employees in South Carolina and other states. This protects their full time workers through a compensation system if they sustain an injury. However, there are some workers who are considered independent contractors rather than employees who may end up doing work for a business that has coverage. These people are traditionally not covered through the workers compensation system. If they sustain an injury, they may need to look into filing a case with a personal injury attorney or explore other options. 

Employees and workers compensation

In most cases, someone who is hurt while performing their standard job duties can be paid while they recover through their workers compensation insurance. The worker needs to merely notify their employer, follow certain procedures, and then they can collect benefits until they are ready to work again. As long as the injury is determined to be legitimate by an independent doctor, and the person was actually working at the time, the employer must pay out workers compensation benefits. 

However, a person in a very similar situation who is not considered a regular employee of the company will receive no such benefits and cannot go through this process. 

Disputes regarding the worker’s status

There may be some cases where an injured worker feels that they are a standard employee rather than an independent contractor. It is possible that the employer has misclassified the person, or intentionally told them that they were an independent contractor to avoid paying certain benefits. Usually, there is an analysis regarding the employer’s level of control of the person, the amount of work done at their direction, and how consistently the two parties work together. The contractor may be able to argue that they are an employee if their relationship mirrors those with the full time employees. 

Injury lawsuits directly against the employer

If someone is an independent contractor, they can still try to bring a civil case against the workplace for its negligence. The victim will need to argue that the business did not exercise reasonable care in the workplace, which led to their injuries. These types of cases are most likely to succeed if there is evidence that the employer did not follow certain safety procedures or ignored hazards that were likely to cause harm to workers. 

Advice after being hurt at work in South Carolina

The Clekis Law Firm deals with all workers compensation matters for those who have been injured on the job in the Charleston area. Their lawyers are available to speak with anyone who needs assistance after a workplace injury.   

Firm contact info:

The Clekis Law Firm

171 Church St., Charleston SC, 29401

[email protected]

843-900-0000

clekis.com