Are you classified as an independent contractor? If so, you may be wondering whether or not you qualify for workers’ compensation benefits. Unfortunately, in South Carolina, the answer is no. Still, you absolutely do have options available if you were hurt while working as an independent contractor. At Smith & Jones Law, LLC, we put injured workers first. In this article, our Mauldin workers’ compensation attorney explains the key points that independent contractors should know about workers’ comp laws in South Carolina.
What is an Independent Contractor?
As simply described by the Internal Revenue Service (IRS), an independent contractor is a worker who is in business for themselves. Unlike an employee, who performs services under the control and direction of the employer, an independent contractor retains autonomy over how the work is done. They are not “employed” by any specific company, even if they primarily work for that company. Instead, they work under a contract (either written or implied). An independent contractor is not covered by most labor laws, including the Fair Labor Standards Act (FLSA) and state-level workers’ compensation requirements.
Workers’ Comp for Independent Contractors is Not Available in South Carolina
South Carolina’s workers’ compensation system is designed exclusively for employees. Under S.C. Code § 42-1-130, the term “employee” does not include independent contractors. As a result, if you are truly working as an independent contractor, you cannot file a workers’ compensation claim through the state system. Unfortunately, this means that you are not entitled to benefits such as medical coverage, wage replacement, or permanent disability compensation.
Takeaway: If you are an independent contractor, you are not covered by workers’ comp in South Carolina.
Two Main Options for Independent Contractors Hurt at Work
Independent contractors work hard. In many cases, they are exposed to risks in the workplace. Accidents happen. Even though independent contractors in South Carolina are not covered by workers’ compensation, they still have options available for bringing a claim. Here is an overview of the two main claims for independent contractors who were hurt while at work:
- Misclassification Claim: One of the most common disputes involves employee misclassification. Employers sometimes label workers as independent contractors to avoid paying payroll taxes, unemployment insurance, or workers’ compensation premiums. If you were injured while working and believe you were misclassified, you may be able to challenge your status before the South Carolina Workers’ Compensation Commission. In evaluating misclassification, our state’s regulators apply the “right to control” test, which considers four factors: (a) direct evidence of the right or exercise of control, (b) method of payment, (c) furnishing of equipment, and (d) right to terminate employment. If the evidence shows the employer had sufficient control, you may be deemed an employee. That could allow you to retroactively qualify for workers’ compensation benefits.
- Personal Injury Claim: Even if you cannot reclassify yourself as an employee, you may still pursue a personal injury claim. Unlike workers’ compensation, which is no-fault, personal injury cases require proof of negligence. As you are not an “employee,” you retain the full right to sue the company that you were working under contract for on the grounds of negligence. For example, if you are a subcontractor injured because a general contractor failed to maintain a safe job site, you may have a viable claim. A successful personal injury claim allows recovery for damages not available in workers’ comp, including full lost wages, pain and suffering, and loss of future earning capacity.
Contractual Insurance Requirements for Independent Contractors (Sometimes Available)
In South Carolina, many industries require independent contractors to carry their own liability or occupational accident insurance as a condition of the contract. However, that is not true for every industry. While this coverage is not the same as workers’ compensation, it can provide limited benefits for medical treatment or lost income after an accident. The scope of coverage depends entirely on the terms of the policy. Contractors should carefully review agreements before signing, as failure to maintain required insurance may bar recovery against the contracting company. A Mauldin, SC work injury lawyer for independent contractors can help you navigate the claims process after a serious accident.
Legal Deadlines Can Impact Your Case and Your Rights
Independent contractors pursuing compensation in South Carolina must also be mindful of strict time limits. Workers’ compensation claims generally must be filed within two years of the injury under S.C. Code § 42-15-40. However, misclassification disputes require immediate attention because status affects jurisdiction. Personal injury claims carry a three-year statute of limitations under S.C. Code § 15-3-530. No matter the situation you find yourself in, it is imperative that you take immediate action: Consult with a Mauldin, SC work injury lawyer right away.
Why Injured Independent Contractors Can Rely On Smith & Jones Law
Are you or your loved one classified as an independent contractor in South Carolina? If you were hurt while on the job, our team can help. At Smith & Jones Law, LLC, we have the case results that injured workers can trust. With an office right here in Mauldin, we are well-positioned to fight for justice for people throughout the community. Mauldin’s 29662 zip code sits just southeast of Greenville. The area offers a balance of small-town comfort and city access. The Cultural Center and Sports Center serve as key gathering spots for local families and visitors alike. Mauldin has built a reputation as a welcoming community, and we are here to protect the rights of its workers.
Contact Our Mauldin Work Injury Lawyer for Independent Contractors Today
At Smith & Jones Law, LLC, our Mauldin workers’ comp lawyers for independent contractors have the knowledge, skills, and legal experience that you can trust. If you are an independent contractor who was hurt at work, please do not hesitate to contact us for a no-cost, no-obligation case assessment. With an office in Mauldin, we represent workplace accident victims in Greenville County and throughout the surrounding region in South Carolina.