Independent Contractor vs. Employee: It Matters for Your SC Work Comp Claim | HawkLaw, P.A.

Independent Contractor vs. Employee: It Matters for Your SC Work Comp Claim

Posted in Uncategorized on May 30, 2019

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.