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Find Out If You Are Covered By Sc Workers Compensation Act
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There are insurance available in every state that are meant to provide compensation to individuals who meet with injuries at work. This type of insurance is also known as workers’ compensation insurance and is designed to provide workers with financial assistance after suffering injuries during their scope of work under the employer.
Employers in South Carolina who regularly employ four or more workers full-time or part-time are required to carry this type of insurance. The exceptions to this rule include, but not limited to, are employees working in railroads, agriculture, and railway express. Moreover, any employer with a previous annual payroll of less than $3,000, irrespective of the number of employees, does not need to provide workers compensation coverage. This type of benefits is also not provided to unpaid volunteers because of their gratuitous nature.
Who Is Covered Under South Carolina’s Workers’ Compensation Law?
For eligibility, workers’ compensation under South workers’ compensation law requires an individual to be considered as an “employee.” Employee encompasses a wide array of workers, including “any person employed under an appointment, apprentice or contract to hire expressed or implied, written or oral, including minors and aliens, whether employed lawfully or unlawfully.” Both full-time and part-time workers are included. In South Carolina, there are certain “statutory employees,” and include those who are working for a contractor or subcontractor or else who may be working for a business. Ultimately, whether to consider someone an employee comes down to the “degree of control” that is exercised by the employer over a worker. To find out whether the employer had the right of controlling the wok right of the individual depends on the following factors:
• furnishing of equipment;
• direct evidence of the right or exercise of control;
• Right to fire
• method of payment
It needs to be noted that independent contractors are not eligible for workers compensation rights. This is because these contractors are self-employed and they are not considered as employees. There are instances where workers are reclassified as independent contractors to avoid paying workers’ compensation benefits. If someone finds that the employer is trying to reclassify them as not an employee, he or she should immediately contact an experienced South Carolina Workers’ compensation attorney to understand all about your rights.
Contact a SC Workers’ Compensation Attorney
If anyone has suffered a work-related injury, a SC workers compensation lawyer can help in providing the best protection of their rights available.
Complete Employee Services has some of the leading SC workers compensation attorneys with extensive experience in helping workers injured at workplace to obtain necessary compensation.
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