Re: Boss Had No Workers Comp
First off, you'll have to pass the definition of employee as described in
To be defined as an employee,
The term "employee" means every person engaged in an employment under any appointment, contract of hire, or apprenticeship, expressed or implied, oral or written, including aliens and also including minors, whether lawfully or unlawfully employed, but excludes a person whose employment is both casual and not in the course of the trade, business, profession, or occupation of his employer;
The biggest hurdle is to pass the control test.
Ultimately, to determine whether a worker should be compensated for workers’ compensation purposes, the test “is the degree of control the employer exercises over the worker.” In this regard, in order to determine whether an employer had the right and authority to control and direct the particular work performed by an injured worker, there are several factors, including:
Direct evidence of the right to, or exercise of, control;
Method of payment;
Furnishing of equipment; and
Right to fire.
If it is determined you are an employee, you then may file a claim for benefits pursuant to Title 42
2013 South Carolina Code of Laws
Title 42 - Workers' Compensation
CHAPTER 7 - FUNDS
SECTION 42-7-200. Workers' Compensation Uninsured Employers' Fund; claims; collection powers; reimbursement agreements; funding.
(B) When an employee makes a claim for benefits pursuant to Title 42 and the State Workers' Compensation Commission determines that the employer is subject to Title 42 and is operating without insurance or as an unqualified self-insurer, the commission shall notify the fund of the claim. The fund shall pay or defend the claim as it considers necessary in accordance with the provisions of Title 42.http://law.justia.com/codes/south-ca...ction-42-7-200
SECTION 42 7 200. Workers Compensation Uninsured Employers Fund; claims; collection powers; reimbursement agreements; funding.
If it is determined, you are an Independent Contractor, you're out of luck.
Independent contractors in South Carolina do not have a right to workers’ compensation benefits (see Wilkinson v. Palmetto State Transp. Co., 676 S.E.2d 700 (S.C. 2009)
and Nelson v. Yellow Cab Co., 538 S.E.2d 276, 279-80 (S.C. Ct. App. 2000)
Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.