Almost every employee is eligible for workers’ compensation benefits with just a few exceptions.
ARE YOU ELIGIBLE FOR WORKERS’ COMPENSATION?
In the state of South Carolina, you must be an “employee” in order to qualify for workers’ compensation benefits. Your eligibility, however, depends on whether you’re considered an employee or an independent contractor to your employer.
WHAT’S THE DIFFERENCE BETWEEN AN EMPLOYEE AND AN INDEPENDENT CONTRACTOR?
An employee is defined as a person who works for another person or company (not considered an independent contractor). What’s the difference?
An employee is a worker who:
- Provides service under the control and direction of an employer
- Is granted the use of tools provided by the employer
- Performs consistent business on behalf of the employer
- Maintains a long term position with his/her employer
- Has taxes withdrawn from his/her pay by the employer
An independent contractor is a worker who:
- Is highly skilled and doesn’t require supervision from an employer
- Uses his/her own tools for occupational duties
- Is not performing regular business for the employer
- May be hired for only one or two jobs (short-term employment)
- Does NOT have taxes withdrawn out of his/her pay by an employer
EXCEPTIONS (EMPLOYEES THAT ARE NOT ELIGIBLE FOR WORKERS’ COMP BENEFITS)
Employees who may not be eligible for benefits:
- Railroad company employees
- Agricultural employees
- Federal employees
- Businesses with less than 4 employees
If you have any questions or concerns regarding your eligibility for worker’s compensation, contact The Clardy Law Firm.
