Many workers across South Carolina are paid in cash or receive payment under the table and get hurt at work. These workers are at least as likely as other employees to sustain an injury on the job. Some employers who do not follow legal employment procedures may also be less attentive about putting adequate safety measures in place, increasing the risk of harm to their workers.
If you were hurt while working for cash payment with no official employment record, you might wonder about your rights to workers’ compensation benefits. At Jebaily Law Firm, we understand the challenges of workers’ comp claims for under-the-table work. Our team is dedicated to helping you protect your rights and secure the financial assistance you deserve.
Contact us today for a free consultation to discuss your situation with a South Carolina workers’ compensation attorney.
What Does It Mean to Be Paid Under the Table?
Working “under the table” means receiving cash payments for work without proper documentation, tax withholding, or official employment records. Employers who pay workers this way may do so to avoid:
- Payroll taxes
- Workers’ compensation insurance premiums
- Social Security contributions
- Medicare contributions
- Unemployment insurance
- Regulations involving working conditions
While being paid off the books might seem beneficial for both parties in the short term, it can create significant problems and generate significant fears when work injuries occur. As such, injured under-the-table workers tend to either:
- Seek medical treatment they cannot afford at the emergency room, at the ultimate expense of the taxpayer
- Pay the costly medical expenses themselves
- Avoid medical treatment altogether, allowing their condition to persist or worsen over time
Are Under-the-Table Employees Eligible for Workers’ Comp in SC?
Despite these fears, it is essential to note that South Carolina law protects workers’ compensation rights for under-the-table work. The legal status of under-the-table work in SC might be complex, but one fact remains clear: If you perform work and receive payment, you likely qualify as an employee under state law, regardless of how you receive that payment.
The South Carolina Workers’ Compensation Act defines an employee as someone who works for an employer, whether the arrangement is legal or not.
With few exceptions, all companies and non-profit organizations that employ four or more workers are required to carry workers’ compensation insurance coverage for:
- All employees (full-time and part-time)
- Family members the company employs
- Workers without U.S. citizenship
- Minors, regardless of their legal working status
- Apprentices
That means under-the-table employees have rights, including the right to seek workers’ compensation benefits after a workplace injury.
Challenges of Under-the-Table Work in a Workers’ Comp Case
While South Carolina’s workers’ compensation laws are clear about the rights of under-the-table workers, their path to securing the benefits they deserve may be more complex than it should be. If you’re wondering what to do if you get hurt at work while working under the table, you should know about several challenges you might face:
- Proving employment status – Without official documentation, you’ll need other evidence to show you worked for the employer.
- Calculating wages – Cash payments without records make determining your average weekly wage difficult.
- Employer resistance – Some employers might deny your employment or threaten to report your arrangement.
- Insurance issues – Your employer might not carry the required workers’ compensation insurance.
The legal issues of cash under-the-table work should allow you to seek the benefits you deserve. Our experienced attorneys know how to handle these challenges and protect your rights.
What Injuries Can You File a Claim for If You Are an Under-the-Table Employee?
Under-the-table employees can file claims for the same types of injuries as any other worker. Many workers who are paid in cash have jobs that involve physical labor, putting them at increased risk of workplace injuries. Some specific concerns for employees in this situation include:
- Back and neck injuries – Common among house cleaners lifting heavy furniture, landscapers moving equipment, and restaurant workers carrying heavy trays of dishes
- Burns and electrocutions – Often sustained by unofficial kitchen staff working with hot equipment, unlicensed handymen doing electrical work, and workers handling caustic cleaning chemicals
- Broken bones and fractures – Frequently occur among construction laborers working without proper safety equipment, maintenance workers falling from ladders, and warehouse workers moving heavy items
- Head trauma – This can happen to roofers working without proper fall protection, demo crews working without hard hats, and retail stockroom workers struck by falling merchandise
- Repetitive stress injuries – Often affect manufacturing workers performing the same motions for hours, unofficially employed seamstresses operating sewing machines, and house painters maintaining awkward positions
- Construction site accidents – Might involve informal demolition crews working without proper training, helpers on renovation projects, and temporary workers brought in for specific tasks
- Falls from heights – Common among window washers working without safety harnesses, unofficial painters on scaffolding, and workers cleaning gutters without proper equipment
- Equipment-related injuries – Can occur when untrained workers operate forklifts in warehouses, use power tools on construction sites, and work with industrial kitchen equipment
Remember that you should seek medical attention immediately after any workplace injury, regardless of your employment status. Swift medical attention can improve your prognosis and document the connection between your injuries and work activity.
How Our Lawyers Can Help Under-the-Table Employees Seek Workers’ Comp Benefits
At Jebaily Law Firm, we believe every worker deserves protection after a workplace injury. Our experienced workplace injury attorneys can help you by:
- Gathering evidence of your employment relationship
- Documenting your work history and wages
- Protecting your rights against employer retaliation
- Filing necessary paperwork with the Workers’ Compensation Commission
- Representing you at hearings
- Working with medical providers to document your injuries
- Fighting for maximum compensation under the law
Since 1969, we’ve helped injured workers throughout South Carolina seek the benefits they need after workplace accidents. With over 100 years of combined legal experience, we understand the challenges of workers’ compensation cases involving under-the-table employment. Our attorneys are prepared to fight to protect your rights and seek the benefits you need to recover from your workplace injury.
Call Jebaily Law Firm today or fill out our online contact form to set up a free, confidential consultation with an experienced workers’ compensation lawyer. We are ready to review your circumstances and discuss your legal rights.
