Virtually all employees are covered by workers’ comp, with a few notable exceptions. Workers who are determined to be independent contractors are not covered by workers’ comp – although just because your employer calls you an independent contractor doesn’t mean you are one.
One of the tests for separating employees from independent contractors is the degree of control an employer exercises over you. Factors such as whether you are salaried or provided with work equipment are also considered. Disputes over worker status are settled by the South Carolina Workers’ Compensation Commission.
Among other workers excluded from workers’ comp coverage are agricultural employees, railroad workers, federal employees and certain real estate salespeople. You may not be covered if you work for a small business that has fewer than four workers or a payroll of less than $3,000.
Most employers are required to carry workers’ compensation insurance to pay claims if employees get hurt. The general rule is that any employer with four or more full-time or part-time employees must have workers’ compensation insurance. Some of the same exceptions listed above also apply to the insurance requirement.
Our workers’ compensation lawyers at Joye Law Firm work with the system every day. We understand the complex laws and regulations regarding who is entitled to benefits and which employers are required to carry workers’ compensation insurance.
If you have questions about whether you are covered as an employee, Just Call Joye Law Firm. In a free claim analysis and consultation, our South Carolina workers’ compensation lawyers can review your situation and advise you about your legal right to workers’ comp benefits.
The consultation comes with no obligations, and no strings are attached. Since 1968 we have helped injured people like you recover not just the money they are entitled to, but also their lives. Let us help you, too. You can reach us by phone or fill out an online form for a free case review.
