Serving South Carolina & North Carolina
Uninsured Workers' Compensation Business Defense
Did You Know?
- Your obligations can be complex, not carrying insurance comes with risk.
- If your employee has a legitimate claim, you can be sued and your property can be placed under liens.
- You can negotiate with the claimant and medical providers for more favorable settlement.
workers’ compensation lawyer
Frequently Asked Questions
How long does a worker have to notify an employer of an injury in South Carolina?
A worker has 90 days from the time of an accident, or discovery that a work-related condition can be compensated, to notify an employer.
Who’s responsibility is it to file a worker’s compensation claim in South Carolina?
Once a worker has notified an employer of an accident or injury, it is the responsibility of the employer to file a claim.
How can I defend myself against a workers’ compensation claim in South Carolina?
You may be able to defend against a claim if you can prove that the incident did not take place as the worker claims; or that the medical evidence doesn’t support the claim; or that an injury was the result of intoxication, horseplay, willful intent, or an existing condition.
Do I have to carry workers’ compensation insurance in South Carolina?
Most private employers with three or more employees are required to carry insurance. Some exceptions exist for agricultural and railroad employers, and those who employ certain types of independent contractors, as well as a few other technical criteria.
What happens if I don’t have workers’ compensation insurance in South Carolina?
Even if the injury is not the result of your negligence, you may be subject to a personal injury lawsuit and /or forced to pay medical bills. In some cases, you can also be fined or jailed.
What is the South Carolina Uninsured Employers Fund?
The UEF is a state maintained resource that awards financial compensation through a claims process to injured workers whose employers are uninsured.
What happens if the UEF awards a worker?
If your employee has a successful claim, you may become liable to reimburse the UEF for benefits, medical expenses, and administrative costs awarded to the claimant.
Do I need a lawyer if I don’t have workers’ compensation insurance in South Carolina?
Your business, finances, and property may be at risk if an employee is injured at work. A lawyer can help you understand your obligations, represent you in court, and negotiate with state agencies, medical providers, and your employee’s legal council, potentially significantly reducing your financial burden in the end.