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  1. #1
    Join Date
    Mar 2015
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    1

    Default Boss Had No Workers Comp

    I was a 1099 employee and hurt my foot. My contractor had no WC insurance. My question is, isn't there still a WC Fund that I still can be paid from for my medical?? How and where do I get info??
    Last edited by meetsun; 03-08-2015 at 12:21 PM.

  2. #2
    Join Date
    Oct 1971
    Posts
    4,994

    Default Re: Boss Had No Workers Comp

    Quote Quoting meetsun View Post
    I was a 1099 employee and hurt my foot. My contractor had no WC insurance. My question is, isn't there still a WC Fund that I still can be paid from for my medical?? How and where do I get info??
    First off, you'll have to pass the definition of employee as described in
    SECTION 42-1-130.
    "Employee" defined.
    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;
    http://www.scstatehouse.gov/code/t42c001.php

    The biggest hurdle is to pass the control test.
    Right-to-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.
    http://greenvillelegal.com/workers-c...nt-contractor/

    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.
    http://www.scsif.sc.gov/about.php?o=1

    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)
    http://www.wcsr.com/resources/pdfs/i...ontractors.pdf

    Tony
    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.

  3. #3
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,742

    Default Re: Boss Had No Workers Comp

    There is no such thing as a "1099 employee." You may be a victim of misclassification. That problem is rampant in some industries.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney and Board Certified Specialist in NC Workers' Compensation Law

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