At Connell Law Firm, we are a family-run practice based in Lugoff, South Carolina, committed to delivering justice for our clients. Since 1993, we’ve dedicated ourselves to representing individuals and families throughout South Carolina in personal injury, workers’ compensation, and criminal defense cases. Our experienced attorneys understand the challenges our clients face and work tirelessly to ensure they receive the compensation and support they deserve.
Getting hurt on the job is hard enough, but if your employer doesn’t have workers’ compensation insurance, it can leave you without the benefits you need to recover. In South Carolina, most employers are legally required to carry this coverage, yet some fail to follow the law. This creates serious problems for injured employees who may be left without medical care, lost wages, or disability payments. If you’re dealing with a workplace injury and an uninsured employer, knowing your rights and next steps is critical.
In this blog, we explain what to do if you’re injured at work and your employer doesn’t have workers’ compensation insurance, including how to file a claim, seek benefits, and why working with an experienced Columbia workers’ compensation attorney can help protect your rights.
Understanding Workers’ Compensation Coverage in South Carolina
Workers’ compensation coverage helps protect employees after a job-related injury. In South Carolina, most employers are required by law to carry this insurance. If an employer fails to do so, they may be considered an uninsured employer and face legal penalties.
Who Must Carry Workers’ Compensation Insurance
Under South Carolina Code § 42-5-10, employers with four or more employees must carry workers’ compensation insurance. This includes full-time and part-time employees. Some specific groups, such as agricultural workers or certain railroad employees, may be exempt.
Independent contractors are not always covered by workers’ compensation programs. However, some employers wrongly classify employees as contractors to avoid providing coverage. This misclassification can affect an injured worker’s eligibility for benefits.
What Workers’ Compensation Insurance Covers
Most workers’ compensation programs provide benefits for medical care, lost wages, and disability related to a workplace injury. Injured employees can receive payment for treatment, surgeries, rehabilitation, and medications. If the injury causes time away from work, workers may receive temporary or permanent wage replacement.
Dependents of a worker killed on the job may also qualify for benefits. These benefits are paid regardless of fault, and the employee does not have to prove the employer was negligent.
How Coverage is Managed in South Carolina
The South Carolina Workers’ Compensation Commission (SCWCC) oversees all workers’ compensation claims in the state. It ensures that injured employees receive proper benefits and that employers maintain valid insurance coverage.
Employers who do not carry workers’ compensation insurance are subject to fines, legal action, and full liability for all costs related to an employee’s injuries. These uninsured employers risk paying out of pocket for claims that would otherwise be covered by insurance.
Why Coverage Matters
Without valid workers’ compensation insurance, injured employees may face delays, denied claims, or unpaid medical bills. For workers injured under an uninsured employer, alternative options such as the Uninsured Employers’ Fund (UEF) may be available, but filing can be more complicated.
What Happens When Your Employer Doesn’t Have Workers’ Compensation Insurance
If you suffer a workplace injury and your employer has no workers’ compensation insurance, the consequences can affect both you and the employer.
Definition of an Uninsured Employer
An uninsured employer is a business that fails to provide the workers’ compensation coverage required by law. In South Carolina, this usually means an employer with four or more employees who has not secured proper insurance or approval to self-insure. The lack of valid workers’ compensation insurance leaves injured employees without the standard claims process and benefits.
Legal Penalties for Uninsured Employers
South Carolina law imposes strict penalties on employers who fail to carry insurance. According to S.C. Code Ann. § 42-5-280, employers may face a fine of $1.50 per day per uninsured employee. The law also allows for criminal charges, civil penalties, and full financial liability for medical care, lost wages, and other workers’ compensation benefits owed to the injured worker.
In some cases, the state may issue a stop-work order, which shuts down business operations until proper coverage is in place.
Employer Liability for Injuries
If an employer does not have insurance, they may be personally responsible for covering all costs related to a job-related injury. This includes hospital bills, ongoing treatment, disability payments, and lost income. Unlike insured claims, there is no insurance company paying the claim, so the financial burden falls directly on the employer and possibly their personal or business assets.
Injured employees may also have the option to file a civil lawsuit to recover damages.
Challenges for Injured Employees
When an employer is uninsured, filing a standard workers’ compensation claim is not possible. The injured worker may not receive timely medical care or lost wage payments. The process of seeking compensation becomes harder and often requires proving the employer’s failure to carry coverage.
Your Options as an Injured Worker
If your employer does not have workers’ compensation insurance and you suffer a workplace injury, you still have legal options to pursue benefits and compensation.
File a Claim with the Uninsured Employers’ Fund
South Carolina created the Uninsured Employers’ Fund (UEF) to help injured employees when an employer fails to carry proper workers’ compensation coverage. The UEF may cover medical care, lost wages, and disability benefits just like a standard workers compensation program.
To qualify, you must show that your employer was required by law to carry insurance and failed to do so. You must also prove that your injury happened on the job. The claim process involves submitting documents to the South Carolina Workers’ Compensation Commission, including medical reports, employment details, and proof of the injury.
There are time limits. You must file your claim within the period set by South Carolina Code § 42-15-40, which generally allows up to two years from the date of injury.
File a Civil Lawsuit Against the Employer
If you are injured and your employer is uninsured, you may sue them directly in civil court. A successful lawsuit may result in payment for medical costs, lost income, pain and suffering, and other damages.
In this case, the employer is fully liable for the injury. They cannot use workers’ compensation coverage as a legal shield. If the court rules in your favor, the employer may be forced to pay from personal or business assets.
This option may be necessary if your claim with the UEF is denied or delayed.
Work With a Workers’ Compensation Lawyer
A workers’ compensation lawyer can help you evaluate your claim, gather evidence, and file the correct paperwork with the right agency or court. An experienced attorney knows how to deal with uninsured employers, challenge misclassification as an independent contractor, and represent your interests during hearings or settlement negotiations.
Why You Need a Workers’ Compensation Lawyer
If you are injured while working for an uninsured employer, the process of securing workers compensation benefits becomes harder. A workers’ compensation lawyer can help you protect your rights and pursue the full compensation allowed under South Carolina law.
Legal Experience with Uninsured Employers
Cases involving uninsured employers often include disputes over coverage, job classification, or eligibility for benefits. A workers’ compensation lawyer knows how to handle these issues. We can determine if your employer was legally required to carry insurance and whether you qualify for the Uninsured Employers’ Fund.
Legal help also reduces the risk of errors in paperwork, missed deadlines, or claim denials that could leave you without support for medical care or lost wages.
Help Filing a Claim or Lawsuit
If you choose to file a claim with the South Carolina Workers’ Compensation Commission or take legal action in court, a lawyer can manage the entire process. This includes collecting evidence, filing on time, and presenting your case. A lawyer can also help you respond if your employer denies the injury or claims you are an independent contractor.
At Connell Law Firm, we have experience handling workers’ compensation claims for injured employees in Columbia and across South Carolina. We understand both standard claims and those involving uninsured employers. We know how to deal with insurance issues, calculate lost wages, and pursue full benefits.
Maximize the Benefits You Receive
A workers’ compensation lawyer can help you receive all the benefits you are owed. This includes medical care, temporary or permanent disability payments, and lost income. In cases of severe injury or long-term impact, the value of the claim can be high. Legal support helps ensure no part of your compensation is overlooked or reduced.
At Connell Law Firm, we work directly with injured workers to build strong claims. Our team will fight to protect your rights, whether through the Uninsured Employers’ Fund or through direct legal action against the employer. We focus on helping workers move forward after a job-related injury.
Support When You Need It Most
Dealing with an injury and a noncompliant employer adds stress to an already difficult time. A workers’ compensation lawyer provides guidance and peace of mind. We understand how the system works and how to hold uninsured employers accountable under South Carolina law.
Consult With Connell Law Firm About Your Workers’ Comp Claim ASAP!
If you’ve been injured at work and discovered that your employer doesn’t have workers’ compensation insurance, you still have options, and you don’t have to face them alone. At Connell Law Firm, our experienced Columbia workers’ compensation attorneys understand how to handle cases involving uninsured employers.
Contact us at [phone] for a free claim review today!