Spartanburg, SC asked in Personal Injury and Workers' Compensation for South Carolina

Q: If hurt while working but, your job doesn't require worker's comp insurance can you file a personal injury claim?

On another job site that my employer has a contract with to do a collection and was injured. By law my job is not required to carry worker's comp because there are less then 4 employees. Can this be a personal injury since i wasn't at my job site?

2 Lawyer Answers
Carole Jean Hayes
Carole Jean Hayes
PREMIUM
Answered
  • Workers' Compensation Lawyer
  • Greenville, SC
  • Licensed in South Carolina

A: Short answer: If you were hurt while working for your employer and you were helping him do his work at simply another location per direction , you are covered by the Workers Comp Act. You will most probably need a lawyer because they will probably deny given the facts.

Ilene Stacey King
Ilene Stacey King
Answered
  • Workers' Compensation Lawyer
  • COLUMBIA, SC
  • Licensed in South Carolina

A: An employer with 4 or more employees is required to carry workers' compensation coverage. If your employer was required to have comp coverage, the fact that you were hurt at another location would not prevent a claim - the issue would be if you were doing work within the course and scope of your employment, and not the location. If your employer was not legally required to carry comp coverage, then you would have the option of a civil law suit if your employer was negligent in some way. Since you were on another job site, that employer, depending on the relationship, might have also workers' comp liability or civil liability. This is a fact specific questions and you should discuss the details with a local attorney.

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