Most people assume that if they get hurt at work, workers’ compensation will be there to cover their medical bills and lost wages. But what if your employer doesn’t have workers’ comp insurance? Unfortunately, that happens more often than it should—especially with small businesses or under-the-table work arrangements.
In South Carolina, almost every employer is legally required to carry workers’ compensation insurance if they have four or more employees. But that doesn’t mean every employer follows the rules.
If your employer isn’t insured, you still have options.
First, don’t panic. South Carolina law doesn’t let employers off the hook just because they didn’t buy insurance. In fact, operating without required coverage can result in fines, lawsuits, and even criminal charges for the employer.
Here’s what you can do:
File a claim anyway. If you’ve been injured at work, you can still file a claim with the South Carolina Workers’ Compensation Commission. If your employer doesn’t have coverage, the state may pursue them directly.
Report the employer. The Commission takes uninsured employers seriously. You can report them anonymously if needed, and it may help your case.
You may be able to sue. In some cases, you may be allowed to file a personal injury lawsuit against your employer for damages. This is different from most workers’ comp cases, where suing your employer is not allowed.
Be ready for pushback.
An uninsured employer might try to talk you out of filing a claim. They might offer to “pay you under the table” for medical care, or they might flat-out deny that the injury happened on the job. Don’t fall for it.
Get medical treatment
Document everything
Talk to an attorney before signing anything or agreeing to a private deal
We know how to handle uninsured employers.
At Martin & Martin, P.A., we’ve helped injured workers recover compensation even when their employer failed to follow the law. If you were hurt on the job and your employer doesn’t have insurance, call us today for a free consultation. We’ll help you understand your rights and fight to get you the compensation you deserve.