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Helping injured workers understand their rights

When an employee suffers serious personal injuries on the job, or is left disfigured or permanently disabled after a workplace accident, they can take comfort in the fact that a significant portion of their lost wages, medical benefits and other needs will be covered by their employer's workers' compensation insurance.

As reassuring as this is, the fact remains that many injured workers and their families may not have a complete grasp of workers' compensation insurance or how it works. This is entirely understandable, however, given the inherent complexity with which both applicable literature and state laws are written. 

In recognition of this reality, today's post, the first in a series, will attempt to provide some helpful background information on the state's workers' compensation system.

Workers compensation -- a requirement under state law

The law in South Carolina dictates that employers are required to carry work comp insurance if they employ at least four workers on either a full- or part-time basis.

However, there are certain exceptions to this requirement, such that the following employers do not have to meet the work comp mandate:

  • Employers in the agricultural industry
  • Employers in the railroad/railway express industry
  • Employers whose total annual payroll in the preceding year was less than $3,000

Eligible employees

Those employees who are viewed as being eligible for workers' compensation benefits in the eyes of the law include adults and minors employed on either a full- or part-time basis.

It also includes those workers who have been hired to perform certain tasks and so-called statutory employees, meaning those employees who work for a subcontractor who may or may not be working under another contractor or business.

The decisive factor in determining whether an employee is eligible for work comp, however, is always the degree of control exerted by the employer.

It's also important to note that unpaid volunteers are not considered eligible for workers' compensation benefits in the eyes of the law.

We will continue this discussion in future posts.

Please consider speaking with an experienced legal professional if you've suffered any sort of injuries in a workplace accident and would like to learn more about your rights. 

Philpot Law Firm, PA
115 Broadus Ave.
Greenville, SC 29601

Toll Free: 866-853-3497
Toll Free: 866-853-3497
Phone: 864-990-0226
Phone: 864-990-0226
Fax: 864-242-1566
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