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Independent Contractor vs. Employee for Your Work Comp Claim

Written by John D. Hawkins on . Posted in .

After a work-related injury, you might need compensation to recover. Your medical treatment likely won’t be cheap, and you may not be able to return to work right away. However, you might be concerned because your employer claims that you’re an independent contractor.

Whether you’re being called an independent contractor or an employee, it matters for your South Carolina work comp claim. Your chances for compensation could be affected by how your employer labels you. You may need to reach out to an attorney about your claim if your employer isn’t calling you a traditional employee.

Eligibility for a South Carolina Work Comp Claim

If you’re an employee, you typically don’t have to worry about your workers compensation. Almost all South Carolina workers are eligible for workers comp benefits, with few exceptions. For most employees, that means you’ll just have to file a claim for your losses.

An independent contractor, however, may not be eligible. These workers are employed by contract and are not direct employees of the business. Instead, they work as agreed on by their contract using their own methods, tools, and processes. Because contractors aren’t considered full employees, they may not be eligible for workers comp.

Options for Independent Contractors

However, just because your boss is calling you an independent contractor doesn’t mean that you have to accept that answer. Instead, you may have options to act and get your workers comp if you believe they’re making a mistake.

In some cases, an employer may call an employee an independent contractor to avoid a work comp claim. A successful work comp claim could affect the insurance premiums they pay, which means they may have to pay more for insurance if you’re hurt. However, you will have a chance to fight back.

There are a few parts of the independent contractor definition that could be key to your claim. Keep in mind, for example, that an employee will have an employer-employee relationship. That means that the worker is subject to following the employer’s methods, not their own. These steps and others can help your lawyer get your claim changed.

Contact an Attorney after an SC Work Accident

If you’ve been injured in an on-the-job accident, you might be struggling with the bills and lost time at work you’re now facing. You might struggle to maintain your family and yourself during this time. A work comp claim can make a major difference in your situation.

Are you listed as an independent contractor or an employee? It matters for your South Carolina work comp claim, and it could make it harder for you to recover. Fortunately, the lawyer at HawkLaw, PA can help. We understand that your employer may not be so willing to help you after an accident, so we offer free claim reviews* on what you can expect from your work comp claim.

If you’re ready to act on your work comp claim or denial, reach out by calling 1-888-HAWK-LAW (429-5529) or by completing the online form below.

  • The information provided above is not legal advice. Each claim is different, and results are not guaranteed. An attorney-client relationship is not created by the submission of the form below.
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Written By John D. Hawkins

John David Hawkins is the Founder and Owner of HawkLaw. He has been licensed to practice law in South Carolina since his graduation in 1994 from the University of South Carolina School of Law. Focusing on litigation, Mr. Hawkins is experienced handling Worker’s Compensation, Personal Injury, Social Security Disability, Administrative Law, and Criminal Law matters.

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