An accident compensation form rests on a dark wooden desk alongside a brass scale, suggesting a legal context related to work injury claims for independent contractors in South Carolina.

People who work as independent contractors in South Carolina are likely not entitled to workers’ compensation benefits because the workers’ compensation system generally only covers employees.

Since independent contractors are not employees, they are usually not eligible for workers’ compensation benefits from their employer. There is no workers’ compensation for independent contractors in South Carolina. Instead, independent contractors must typically rely on a personal injury claim, health insurance, or other types of coverage to recover compensation after sustaining workplace injuries.

It is critical to note that simply labeling a worker as an “independent contractor” does not mean they are not an employee for workers’ compensation purposes. The law looks at the reality of the employment relationship, not the label. Workers in South Carolina who are misclassified as independent contractors when they are employees may be able to access workers’ compensation benefits.

If you are an independent contractor who sustained injuries on the job, contact a workers’ compensation attorney from Jebaily Law Firm to discuss your options. Our dedicated attorneys can review your situation and advise you about whether you could be eligible to pursue workers’ comp benefits or other types of compensation. You can call our office or contact us online to set up your free consultation.

What Can I Do If I’m Injured at Work as an Independent Contractor?

If you sustain an injury at work as an independent contractor, you need to document your injuries immediately. Take pictures of your injuries and the accident environment, making a note about contributing factors, like machinery malfunctions or the weather, if the accident occurred outdoors.

Next, get a formal diagnosis of your condition from a doctor. You’ll need an official diagnosis when it’s time to prove the extent of your injuries. Delays in medical care are a major reason for insurance claim denials, so act promptly. Next, contact our workplace accident attorneys. We can determine the strength of your claim and help you initiate the next steps in the legal process.

Do Independent Contractors Qualify for Workers’ Comp Benefits in South Carolina?

If you’re wondering, “Do independent contractors get workers’ compensation?” the answer, unfortunately, is no. As a general rule, independent contractors in South Carolina cannot receive workers’ compensation benefits from employers that engage their services. Because the law does not consider independent contractors to be employees, employers have no legal obligation to provide them with injury coverage, so there are no workers’ comp benefits for independent contractors.

Who Is Considered an Independent Contractor in South Carolina?

There is no single legal definition of independent contractor in South Carolina. However, an independent contractor is generally a worker who provides services to a client who works according to their methods and does not answer to the client’s control, aside from the results of their work.

In most cases, independent contractors receive a 1099-NEC form for tax purposes, while employees receive a W-2. The key characteristic of an independent contractor is that they exhibit a level of independence from their clients’ control that employees do not have.

However, just because an employer says a worker is an independent contractor does not mean they actually are. Employers might misclassify workers to cut costs and avoid providing benefits in a workers’ comp claim. If a worker is legally an employee, then it does not matter if their employer calls them an independent contractor. Such a worker could be entitled to workers’ compensation benefits if they get hurt on the job.

What Factors Does the Court Look at When Determining Misclassification?

If you believe your employer has misclassified your employment status to avoid providing workers’ compensation benefits, you can challenge the classification. South Carolina law uses a four-factor test to determine whether a worker is an independent contractor when seeking workers’ comp benefits. Each factor relates to the employer’s ability to direct and control the worker’s activity:

  • Right to exercise control – Can the employer direct the worker’s activity? How much supervision does the employer have over the worker? Does the worker set their schedule and use their methods?
  • Furnishing equipment – Does the employer provide the worker with equipment or tools (for example, a company truck, computer, and power tools)?
  • Right to fire – Is the worker subject to at-will employment? Is the employer’s right to terminate the relationship subject to contractual terms?
  • Method of payment – Does the employer pay the worker on a per-time or per-project basis? How regular are payments?

Personal Injury Claims for Contractors Hurt at Work

Workers’ comp is considered the sole remedy from employers for employee workplace injuries. That means that employees generally cannot sue their employers for negligence if they have workers’ compensation insurance.

The restriction does not apply to true independent contractors. Independent contractors can file personal injury claims against negligent employers for workplace injuries. With a personal injury claim, an independent contractor can seek financial compensation for their medical bills, lost income, diminished lifetime earning capacity, pain, suffering, and more. However, unlike with a no-fault workers’ compensation claim, an injured independent contractor in a personal injury lawsuit must show that the employer did something wrong to cause their injury.

For instance, if a business violates OSHA workplace safety guidelines and an independent contractor sustains injuries on a worksite, the contractor could potentially file a claim against the company. Our personal injury attorneys can investigate your workplace injury and look for evidence of business misconduct that contributed to your injuries.

Common Independent Contractor Workplace Injuries

Common injuries that independent contractors might sustain include:

How Our South Carolina Workplace Injury Attorneys Can Help You

Regardless of whether you are an employee or an independent contractor, work injuries can threaten your livelihood. If you have a work-related injury, an attorney from Jebaily Law Firm can help you seek options for financial compensation. We have experience with both workers’ compensation and personal injury claims and an established track record of assisting hard-working South Carolinians. We are ready to use every resource available to protect your rights and interests.

Contact our office online or call today to speak to an on-the-job injury attorney in South Carolina. The consultation is free and confidential.