In South Carolina, workers compensation is a system designed to provide medical benefits and wage compensation to employees who suffer injuries on the job. But what happens if you’re injured and your employer doesn’t have workers’ compensation insurance? This article will delve into the steps you should take and the options available to you.
Contact our Charleston workers comp lawyers for a free consultation.
Reporting the Injury
The first step after sustaining a workplace injury is to report it to your employer immediately. This can be done by informing your supervisor, boss, or someone from the Human Resources department. It’s crucial to do this promptly, as your employer is typically the one who initiates the workers’ compensation claims process.
If your employer fails to report your accident, you have the option to file a claim personally. This can be done by contacting the South Carolina Workers’ Compensation Commission.
Employer’s Legal Obligations
Most employers in South Carolina are required to carry workers’ compensation insurance. You can verify if your employer has coverage using the Workers’ Compensation Commission website.
Employers are legally obligated to provide employees with the necessary paperwork to formally report a workplace injury. They are also responsible for providing a list of approved medical facilities under their workers’ comp plan.
If an employer fails to report an injury within a specified time, they are breaking the law. In such cases, you can file a claim with the South Carolina Workers’ Compensation Commission. An attorney can guide you through the process.
When Your Employer Lacks Workers’ Compensation Insurance
In situations where you’ve been injured while working for an employer who doesn’t carry worker’s compensation, you can still pursue compensation for your injuries. This can be done by filing a personal injury lawsuit against your employer.
If your employer is required to have coverage but doesn’t, you can also choose to file a claim and obtain compensation through the state’s Uninsured Employers Fund.
Filing a Personal Injury Claim
To file a personal injury claim in South Carolina, you need to follow these steps:
- Seek medical help and report your injury to any necessary authorities.
- Document the scene of the accident and keep records of medical expenses, statements, or any other relevant documents.
- Hire a personal injury attorney to handle your case or file suit independently without a lawyer.
- Adhere to the statute of limitations, which is three years from the date of the injury.
Filing a Lawsuit Against Your Employer
If your employer doesn’t have workers’ compensation insurance, you can file a lawsuit against them. The process of filing a lawsuit in South Carolina involves several steps.
- Estimate how much your claim is worth. If the claim is more than $7,500, you will file your lawsuit in South Carolina’s Circuit Court or the Court of Common Pleas.
- Research the proper county in which to bring your case. If the claim is against a person it should be filed in the country where they assume primary residence, if it is against a business, the claim should be filed in the country where they have a principal place of business.
- File a civil lawsuit by filling out the necessary paperwork and submitting it to the court.
Filing a Claim with the South Carolina Workers’ Compensation Commission
If your employer fails to submit a claim, you can file a claim with the South Carolina Workers’ Compensation Commission. The process involves the following steps:
- Notify your employer of your injuries.
- File a Form 50 for injuries at work or Form 52 for death at work
- Request a hearing on your completed form. A commissioner will then hear the case and determine an outcome.
Employers who fail to provide required workers’ compensation coverage in South Carolina can face severe penalties. These may include stiff financial penalties, being charged with a misdemeanor or a felony, and even imprisonment.
In South Carolina, workers’ compensation laws are designed to protect workers who are injured on the job. However, if your employer doesn’t have workers’ comp insurance, it’s important to know your rights and the steps you can take to ensure you receive the compensation you deserve. Call our Charleston Workers Compensation Lawyers at 843-310-5997 to understand your options and the best course of action in your specific situation.