Who is Required to Provide Workers Compensation?

Workers' compensation provides employees who have been injured on the job with the means to cover lost wages and medical care, as well as providing compensation to those who suffer from permanent disability or disfigurement. All employees should be aware of their rights as workers in the event of a workplace injury. With a few exceptions, all employers are required to provide workers' compensation.

An employer is required to have workers' compensation insurance if he or she employs four or more workers, either full-time or part-time. Exceptions exist for a few employers, including:

• Agricultural employers
• Railroads
• Railway express companies
• Employers with a total payroll of less than $3,000 the previous year
• Textile Hall Corporation
• Certain commission-paid real estate agents

Besides these exceptions, all employers must purchase workers' compensation insurance, and those who are not required to may purchase coverage. However, workers' compensation eligibility also depends on the definition of an employee.

In South Carolina, an employee is broadly defined as full-time and part-time workers, adults and minors, and other people who have been hired on to perform particular jobs. Employee status depends on how much control the employer has over the worker. Statutory employees work for a subcontractor, who in turn works for another business or contractor. If the subcontractor does not have workers' compensation insurance, any injured employee will be covered under the overseeing business's or contractor's insurance.

Contact Us

The Charleston workers' compensation lawyers of the Steinberg Law Firm are dedicated to our clients' needs and are available to answer any questions you have about workers' compensation. Contact us at 843-720-2800 to speak with an attorney and discuss your situation.