Q: wrist and hand injured on the job, surgery done,owner said i'm not covered under WC (found out he didn't even have WC)
advised him that he was in violation of state Workman's compensation laws, he said he would pay the remaining 20% of what MY insurance didn't pay. said he would have legal document drawn up to cover entire injury from initial time of injury up to surgery and rehab and any later medical treatment resulting from injury. sent him first two sets of invoices, he finally paid 1/2 but said he doesn't have legal agreement done. What legal rights do i have now.
A: Contact Charleston's pre eminent workers compensation attorney, Carl Jacobson , 823-723-7891. Tell him I suggested you call.
A: In South Carolina, an employer who regularly employs four or more employees is required to have workers' comp coverage. If your employer should have had coverage and did not, you can still bring a workers' comp claim and it will be handled by the South Carolina Uninsured Employer's Fund. The Fund will seek reimbursement from the employer and The South Carolina Worker's Compensation Commission will likely impose a fine against your employer. Alternatively, you might be able to bring a civil suit. Now, if your employer was not required to have coverage, you might be able to bring a civil suit for damages if the employer was negligent. You will want to speak with an experienced South Carolina workers' compensation attorney to determine your best course of action. I hope this helps.
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