If you were hurt at work, you might want to know, “What if my employer does not have workers’ comp insurance?” Under South Carolina’s regulations, most businesses need to carry a special insurance policy that pays out benefits when an eligible employer gets hurt while doing their job.
Not all employers have this for their employees, even if they are supposed to do so based on the law. If you get hurt and your employer does not have this coverage, you may still be able to seek benefits using alternative legal routes.
Williams & Roche, LLC provides personalized and relevant workers’ comp legal representation to those who are hurt while doing their job in South Carolina. We understand the impact it can have on you and your family if you have a work injury that prevents you from earning a living.
We can collaborate with you to develop practical solutions to help get you the resources you need and deserve under the law.
Why Some Employers Don’t Have Workers’ Compensation Insurance
South Carolina law requires many organizations to carry a special insurance policy that pays benefits to workers if they get injured while doing their jobs. Businesses need this coverage if they have a specific number of employees — at least four or more. But, not all employees are covered under these policies.
For example, workers’ comp does not apply to most casual employees — like some agricultural staff, independent contractors, and those employed by a railroad. Employers may decide not to have workers’ compensation coverage because they do not think they have to, are trying to save money, or forget.
What if My Employer Does Not Have Workers’ Comp Insurance?
If your employer has no workers’ comp insurance and you get hurt, you have a couple of options. You may qualify to file a claim with the Workers’ Compensation Commission. If you have a qualifying injury and your employer should have taken out a policy, you may be able to receive benefits from the South Carolina Uninsured Employers’ Fund. You would still need to report the injury to your employer within 90 days of when you got hurt or realized your injury is related to work.
If you do not qualify for this or a third party is responsible for your losses, you may file a personal injury claim. A workers’ comp attorney can talk to you about your situation and advise you on your options.
Understanding Your Rights as an Injured Worker
Under South Carolina law, eligible workers may qualify for fault-free benefits if they are injured while they are doing their job. Under this system, employees may be able to seek these payments without proving that their employer made a mistake that harmed them. To request this financial settlement, the worker needs to show that they are an eligible employee and file their claim within the required deadlines. Workers may have up to 90 days to tell their bosses about their injuries and up to two years to submit a formal claim.
Alternative Avenues for Compensation
If your employer has no workers’ comp insurance, you may still be able to seek benefits from the Uninsured Employers Fund by submitting a claim to the Workers’ Compensation Commission. South Carolina law created this fund so employees can still access support even if their employer does not have a work injury insurance plan when they should. Filing a personal injury claim may also be possible if a third party — such as a drunk driver — harms you, and you do not qualify for standard workers’ comp.
Steps To Take if Your Employer Lacks Workers’ Compensation Coverage
If your employer does not have workers’ comp and you believe they should, you would need to tell your boss about the injury within 90 days of the accident or from when you realized you got hurt because of work. The next step would be to file a formal claim with the Workers’ Compensation Commission. An attorney who regularly handles work injury claims in South Carolina can help you with these steps and advise of other options that may be available to you.
Contact Williams & Roche, LLC if Your Employer Does Not Have Workers’ Comp
Many employees, especially those in dangerous industries, want to know, “What if my employer does not have workers’ comp insurance?” Most employers need to carry a special type of insurance policy that pays out benefits if an employee gets an injury while at work. If the employer fails to take out this coverage, the worker may still be able to request a settlement from the Workers’ Compensation Commission. If they do not qualify for this, other legal options may be available to them.
With two former Commissioners who served on the Workers’ Compensation Commission, Williams & Roche, LLC, has a well-rounded background in handling work injury claims. Derrick Williams served as a Commissioner for six years before transitioning to private practice to represent injured workers. Contact our dedicated team today by calling 803.784.0503 to schedule a no-obligation consultation.
