Injuries and conditions that are not covered by workers comp, even if your employer has coverage and you’re eligible, include aneurism, embolism, heart attack, stroke, depression, anxiety, and post-traumatic stress syndrome (PTSD). Whatever your injury or illness is, you’re not eligible for workers’ comp if, at the time of your accident, you were under the influence of drugs or alcohol, injured yourself intentionally, or were hurt in the process of committing a crime.

Employer and Employee Workers’ Comp Exemptions

South Carolina businesses that are not required to purchase workers’ comp insurance include those with fewer than four employees, those with yearly payrolls of less than $3,000, agricultural businesses, and railroads. Such employers have the option of carrying workers’ comp voluntarily, but they don’t have to.

Some employees who are not eligible to receive workers’ comp benefits for a work-related injury or illness include commissioned real estate agents and independent contractors. Construction workers may be categorized as independent contractors who receive 1099 wage statements.

While some companies list all 1099 workers as contractors to avoid paying for their workers’ comp coverage, not every such employee is technically an independent contractor, so some construction workers might be covered while others are not. To make matters more complicated, general contractors sometimes require the subcontractors on a construction job to purchase workers’ comp coverage for their casual workers in case they suffer injuries in on-the-job mishaps. For these reasons, the services of an experienced lawyer are often necessary to determine whether your construction-related injury or illness is covered by workers’ comp and to help you get fair benefits.

What to Do If You’re Not Covered

If your employer is not exempt but still does not carry workers’ comp insurance, you might be able to file a claim for compensation with the South Carolina Uninsured Employers' Fund (UEF). The UEF was created to ensure payments of workers' compensation benefits to injured employees whose employers have failed to acquire necessary coverage for their employees in accordance with South Carolina workers' compensation laws.

Third-Party Lawsuits

Workers’ comp essentially eliminates and replaces lawsuits filed by injured employees against their employers, so you can’t sue your employer for your injury if the company carries workers’ comp. If, on the other hand, your injury or illness was partially or completely caused by a third party (an employee of a different company working on the same construction site with you, for example), you might be able to bring a suit against that third party for your damages. Your third-party claim could include compensation for pain and suffering, which workers’ comp does not pay.

Have You Been Injured On The Job In South Carolina?

If you've been hurt at your job you can speak with a workers' compensation lawyer. Please contact us online or call our Charleston, South Carolina office directly at 843.488.2359 to schedule your consultation. We are also able to meet clients at our Florence, ConwayMyrtle Beach, Murrells Inlet, Mt. PleasantNorth Myrtle Beach or North Charleston office locations.

Dirk J. Derrick
Connect with me
South Carolina Lawyer Dirk Derrick helps victims recover from car accidents, personal injury & wrongful death.