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Workers Compensation Exemptions

Understanding Workers’ Compensation Exemptions in South Carolina

Learn Which Workers Are Eligible for Workers’ Comp After an Injury in SC and What to Do if Your Employer Doesn’t Have the Required Coverage

Workers’ compensation laws exist to protect employees and ensure that businesses provide certain benefits in the event of workplace injuries. 

However, not every worker qualifies for workers’ compensation benefits, so it’s important to understand which employers must carry workers’ comp insurance, who’s eligible for benefits, and what to do if you’re injured and your employer doesn’t have the required coverage.

In this article, we’ll provide an overview of workers’ compensation exemptions in South Carolina and help you understand the steps you can take to get the compensation you deserve after a work-related injury or occupational disease.

What Is a Workers’ Compensation Exemption?

A workers’ compensation exemption allows certain businesses or individuals to opt out of the legal requirement to carry workers’ compensation insurance. This means they are not required to provide coverage for employees in case of work-related injuries or health conditions. 

Exemptions typically apply to specific groups, such as small businesses with few employees, independent contractors, or certain types of workers, depending on the laws of each state.

Who Is Required to Have Workers’ Comp in SC?

In South Carolina, most employers are required to have workers’ compensation insurance if they have 4 or more employees, whether full-time or part-time, and an annual payroll of more than $3,000. While businesses with fewer than 4 employees can still opt to provide coverage voluntarily, they are not obligated to do so. 

So, who is exempt from workers’ comp in South Carolina?

While the vast majority of workers are entitled to benefits, there are some types of workers who are exempt, meaning they don’t qualify for workers’ comp.

They include:

  • Independent contractors. Independent contractors are not considered employees under workers’ compensation laws, meaning they are responsible for their own insurance and coverage for any workplace injuries.
  • Agricultural employees. Workers in agricultural operations, such as farming, are often exempt from workers’ compensation. 
  • Agricultural salespeople who are paid on commission. Similar to real estate agents, agricultural salespeople who work on commission are often considered independent contractors and are exempt from workers’ compensation.
  • Casual employees. Workers who work on a sporadic or irregular basis, without consistent schedules or expectations may be exempt from workers’ compensation coverage.
  • Business owners. Sole proprietors and partners are generally not covered under workers’ compensation unless they choose to opt into their company’s policy.
  • Commission-paid real estate agents. Real estate agents who work as independent contractors and earn commissions are generally not covered by workers’ compensation. These agents are responsible for securing their own insurance coverage.
  • Railroad employees. Railroad workers are covered under the Federal Employers Liability Act (FELA), a separate federal law, so they are exempt from state workers’ compensation.
  • State and federal employees. Like railroad workers, these workers are generally covered under separate state or federal programs, so they are exempt from South Carolina’s workers’ compensation laws.
  • Owner-operators motor carriers. Individuals who own and operate their own motor carriers are not required to have workers’ compensation insurance under South Carolina law.
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