South Carolina Workers' Compensation Lawyers Explains Gig Workers' Rights
In most cases, independent contractors and gig workers are not entitled to workers' compensation benefits in South Carolina because they are not considered employees under state law. For a worker to be eligible for workers' compensation, they must be classified as an employee rather than an independent contractor. The workers' compensation lawyers at Derrick Law Firm can help injured gig workers explore their options and determine if they qualify for benefits.
Eligibility for Workers' Compensation as a Gig Worker
Some exceptions exist to standard classification rules. If a gig worker can demonstrate that they meet the criteria for being an employee, they may be able to secure workers' compensation benefits. Factors that may indicate employee status include:
- Control over work duties. If the company dictates how, when, and where the work is performed, this suggests an employer-employee relationship.
- Provision of equipment. When the company provides the necessary tools and equipment for the job, the worker may be considered an employee.
- Method of payment. Employees are typically paid a regular wage, while independent contractors are paid per project or by commission.
- Right to hire and fire. If the company can hire, fire, and discipline the worker, this points to an employer-employee relationship.
- Nature of the work. When the work performed is a crucial part of the company's regular business operations, the worker is more likely to be classified as an employee.
Misclassification of Workers
Some companies misclassify workers as independent contractors to avoid paying workers' compensation premiums and other employee benefits. However, simply labeling a worker as an independent contractor does not make it so under the law.
Workers who believe they have been misclassified may benefit from having their situation evaluated to determine potential eligibility for benefits. A workers' compensation lawyer can assist in reviewing relevant documentation, analyzing working relationships, and gathering evidence related to proper employment classification.
Third-Party Claims for Gig Workers
Even if a gig worker is not eligible for workers' compensation benefits, they may have other legal options for seeking compensation after a work-related injury. In some cases, a third-party claim may be possible.
For example, if a delivery driver is injured in a car accident caused by another motorist, they may be able to pursue a personal injury claim against the at-fault driver. Similarly, if a gig worker is injured due to a defective product or unsafe working conditions, they may have grounds for a third-party claim against the manufacturer or property owner.
Protecting Gig Workers' Rights
The workers' compensation system presents unique challenges for gig workers seeking to establish benefit eligibility. While past results cannot guarantee future outcomes, the workers' compensation lawyers at Derrick Law Firm work to help clients understand their legal options.
When a gig worker is injured on the job, a South Carolina workers’ compensation lawyer can:
- Investigate the accident. Gathering evidence and interviewing witnesses to evaluate potential claims for benefits or third-party compensation is essential.
- Assess employment status. Reviewing the facts of the case to determine if the worker has been misclassified as an independent contractor may help determine if the person is eligible for workers’ compensation benefits.
- Negotiate with insurers. If appropriate, a lawyer can advocate for fair compensation from an insurance company.
- Represent workers in appeals. If a claim is denied, an attorney can represent the worker in hearings and appeals to pursue the benefits they deserve.
Get Help From a South Carolina Workers' Compensation Lawyer
Gig workers injured on the job should not have to navigate the complex workers' compensation system alone. The South Carolina workers' compensation lawyers at Derrick Law Firm can guide injured gig workers through the claims process.
The workers' compensation lawyers at Derrick Law Firm offer phone or in person consultations to discuss potential options for injured independent contractors. Our team can evaluate your situation and explain potential legal options that may be available.
