Suffering a work injury is stressful under any circumstance, but it becomes even more confusing when you discover that your employer does not carry workers’ compensation insurance. South Carolina law requires most employers with four or more employees to maintain this coverage. When they fail to do so, injured workers are left wondering how they will pay their medical bills, support their families, and whether the law still protects them.
South Carolina provides a path forward for injured workers even when an employer ignores the law. Your options may include having your employer cover your losses, turning to the Uninsured Employers’ Fund (UEF), and considering legal options. You need personalized advice, so call our experienced Columbia workers’ compensation lawyers at Williams & Roche, LLC, today at 803.784.0503 or contact us online to complete your free consultation.
South Carolina Requires Most Employers to Carry Workers’ Compensation Insurance
Under South Carolina law, most employers with four or more employees must provide workers’ compensation coverage. When an employer fails to purchase workers’ compensation insurance, it violates state law. However, even if your employer broke the law, you still retain essential rights:
- You are still entitled to pursue workers’ compensation benefits
- Your employer can be held responsible for the costs that the insurance policy should have covered
- The South Carolina Uninsured Employers’ Fund (UEF) may step in to pay approved benefits
In other words, you are not left without protection simply because your employer failed to follow the rules. By taking the following steps, you put yourself on the path to securing the compensation you deserve.
Immediate Steps to Take After a Work Injury in South Carolina
No matter what insurance your employer does or does not have, your next steps remain the same:
- Report your injury to your employer as soon as possible
- Seek immediate medical care
- Contact a workers’ compensation attorney from Williams & Roche, LLC, as soon as possible
When an employer lacks insurance, the claims process becomes more complicated. The likelihood of complications underscores the importance of contacting our team right away.
How Claims Work When the Employer Has No Workers’ Comp Insurance
So what happens if you don’t have workers’ comp insurance covering you? If your employer has no workers’ comp insurance, the claims process typically unfolds in one of two ways:
1. The Employer Accepts Responsibility
Sometimes an employer realizes their error in not having required insurance coverage. They also recognize the serious consequences they may face if they fail to rectify that error.
Your employer may agree to cover your medical bills and lost wages. However, without a formal workers’ compensation policy, there is no guarantee they will pay you fairly.
2. The Claim Is Handled Through the Uninsured Employers’ Fund
South Carolina created the Uninsured Employers’ Fund (UEF) to protect workers when employers fail to carry required insurance. If your claim is approved, the UEF pays workers’ compensation benefits directly to you. The state then attempts to recover those costs from the employer.
While the UEF serves as a critical safety net, claims involving the Fund often require additional steps and documentation and carry a higher risk of dispute.
Benefits You May Receive (Even If Your Employer Is Uninsured)
Even if your employer has no workers’ compensation coverage, you may still qualify for the same benefits you would normally receive under South Carolina’s workers’ compensation system, including:
- Medical care related to the injury
- Temporary wage-replacement benefits if you are unable to work
- Permanent disability benefits
- Mileage reimbursement for travel to medical appointments
- The cost of vocational rehabilitation in the rare cases where returning to your previous job is impossible
These benefits may come from the employer directly or through the UEF. Either way, your claim must be documented and submitted properly to avoid delays and insufficient compensation.
Why Claims Involving an Uninsured Employer Are Uniquely Complicated
When employers do not have workers’ compensation insurance, the case becomes more complex for several reasons:
- There may be disputes about whether the injury is work-related
- The employer may refuse to cover your losses (or cooperate with the UEF process)
- The UEF’s unique procedures, deadlines, and documentation requirements are often foreign to injured workers
These issues can overwhelm an injured worker who is simply trying to get necessary medical care and return to work as soon as possible. Our attorneys have worked inside the South Carolina Workers’ Comp Commission, providing us with priceless experience that will benefit us in handling your claim.
Contact Williams & Roche, LLC, for Help With a Work Injury Involving an Uninsured Employer
You should not have to suffer because your employer failed to follow South Carolina law.
Whether your claim needs to go through the Uninsured Employers’ Fund or you must push your employer to accept responsibility, Williams & Roche, LLC, is prepared to help.
If you were injured at work and your employer does not have workers’ compensation insurance, call Williams & Roche, LLC, today at 803.784.0503 or contact us online. Your consultation is free, so don’t wait.
