Under South Carolina’s workers’ compensation law, independent contractors may not qualify for benefits if they are injured at work. An exception is if the independent contractor is misclassified and is actually a regular employee. South Carolina courts consider the professional relationship between the worker and the employer to see if the worker is a freelancer.
Williams & Roche understands it can be frustrating if you are hurt at work and are worried about not receiving benefits because you are a contractor. We can talk with you about your relationship with your company and determine what your rights are. We can also help you fight back if your employer misclassified you or tries to sidestep liability for your losses. Give our Columbia workers’ compensation lawyers a call today.
Understanding Workers’ Compensation
Workers’ compensation insurance provides fault-free financial support to covered employees injured at their jobs. How much someone receives depends on their relationship with their employer, how they got hurt, the severity of their wounds, and other factors. Most, but not all, South Carolina businesses must carry workers’ compensation insurance.
Employee vs. Independent Contractor: Key Differences
The first step in figuring out if someone qualifies for workers’ compensation is to decide whether they are an employee or an independent contractor. Regular employees are often entitled to work injury benefits, while independent contractors are not.
Employee
Under South Carolina law, an employee is someone who may have an employment contract with the company they work for. For example, they may receive a salary and have a long-term contract with the employer. Their company may send them a paycheck regularly and deduct Social Security and other taxes from it. Additionally, the employer may control when, how, and where the employee completes their work and may not allow them to work for competitors.
Independent Contractor
An independent contractor is a worker who has a casual relationship with their employer. For example, they may receive regular or periodic work, but they can choose how they perform these projects. Likewise, they may do similar projects for many companies at the same time instead of working exclusively for one agency.
Are Independent Contractors Eligible for Workers’ Compensation?
Correctly classified independent contractors may not qualify for workers’ compensation. However, if the worker is actually an employee, for example, they would qualify for benefits.
Additionally, if the person’s contract with the company includes coverage for work injuries, they may be entitled to payments if they are hurt.
What Happens If You Are Labeled as an Independent Contractor but Are an Employee?
If you are labeled as an independent contractor but are actually an employee, you may still be covered under a workers’ comp plan.
South Carolina uses a multi-factored test to determine someone’s relationship with a company. So someone may still be an employee even if their paperwork says they are an independent contractor.
Alternative Workers’ Comp Options for Independent Contractors
If someone is correctly classified as an independent contractor and gets hurt at work, they have several options. They may be covered under an occupational accident insurance policy, which pays out claims if an independent contractor is injured.
If someone’s negligence caused the independent contractor’s accident, the independent contractor may be able to file a personal injury lawsuit. They may also qualify for some type of workers’ comp if they or their agency signed a contract where the worker is promised coverage.
Steps To Take If You Are an Independent Contractor Injured on the Job
If you are hurt while doing tasks for a client or your company, your first step is documenting and reporting the injury. Take note of what happened before, during, and after the accident, including who was there and how people responded. If you saw a doctor or received medical treatment, write down who you saw and save any documents you received, such as receipts or after-visit summaries. Contact a workers’ comp attorney in South Carolina to learn about your options and how to exercise your rights.
How a Workers’ Compensation Lawyer Can Help
If you are an independent contractor and are hurt at work, a workers’ compensation attorney can help you. They can use their legal knowledge to classify your professional relationship with your company. They can then take action to file a workers’ compensation claim or personal injury lawsuit to protect your rights. The attorney can also negotiate a fair compensation package to help you access the benefits or settlement you deserve.
Williams & Roche Helps Independent Contractors Who Are Injured at Work
You may still qualify for job injury benefits under a policy for workers’ compensation as an independent contractor in South Carolina. It depends on if you are correctly classified as an employee or freelancer, how you got hurt, and other factors. A seasoned work accident attorney can help you identify and fight for your rights.
Williams & Roche is a full-service workers’ compensation law firm providing compassionate and effective legal services to South Carolina’s workforce. We can assist you with reporting, filing, and defending a workers’ comp claim. Our team of attorneys includes two former Workers Compensation Commissioners. Reach out to us today by calling 803.784.0503 to find out how we can help.
