Who is Covered Under Workers’ Compensation in South Carolina?

by | Jul 19, 2018 | Workers Compensation

Who is Covered Under Worker’s Compensation in South Carolina?

Employees of companies in South Carolina who have four or more regular employees are covered under the South Carolina Worker’s Compensation Act, with a few exceptions. The act defines “employee” broadly. Employees include full-time and part-time workers, adults and minors, and others who have been hired to do certain jobs. Employees are covered by workers’ compensation from their very first minute on the job. Therefore, even if it is your first day- you are covered.

Unpaid volunteers are not subject to the Workers’ Compensation Act meaning, they are not covered under workers’ compensation if they are injured while performing their volunteer duties. Although, organizations that utilize volunteers can obtain separate insurance for volunteers.

The law also recognizes “statutory employees.” These are employees who work for a subcontractor who may be working for a business or another contractor. If a person is a statutory employee of another contractor can be complicated and it is best to deal with the South Carolina licensed attorney to help you through the special considerations that come with being an employee of a subcontractor or general contractor.Sole proprietors and partners are considered owners of the business and are not automatically included under workers’ compensation insurance. They may elect to be covered if they are active in the business and have duly informed their insurance carrier. When a sole proprietorship or partnership incorporates ( by forming an LLC, S Corporation, C Corporation or other legal corporate entity) all employees are automatically covered, including the owners if they are also employees of the corporation. In short, it is imperative for a business owner or manager talk to your workers ‘compensation insurance carrier to make sure that you are covered under the policy.

If you are an employee injured on the job in South Carolina, you are entitled to benefits under the South Carolina Worker’s Compensation act. These benefits include medical treatment for your injuries as a result of your on-the-job accident, payment for your time out of work, and payment for any permanent disability that you suffer.

If you have questions about workers’ compensation, please contact Venus Poe today at 864-963-0310 click here to fill out an online case evaluation form. We have offices in Greenville, South Carolina and Fountain Inn, South Carolina to better serve you. Knowing all of your rights is imperative to make sure you are fully compensated after an accident. There is no obligation or charge for our initial consultation to see if we can help you with your accident case.

The information you obtain in this article is not, nor is it intended to be, legal advice.You should not read this article to propose specific action or address specific circumstances, but only to give you a sense of general principles of law. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction in which you may have a case.

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