INTERNATIONAL POLICY DIGEST

Injuries on the job are sometimes unavoidable. Here’s what you should know if you are injured.

You show up, work hard, and get injured on the job. But when you ask about compensation, you’re told you’re “just part-time” or “temporary.” That response is more common than it should be, and it’s legally misleading.

In Columbia, SC, especially near Two Notch Road or in Richland County’s service sectors, many workers face this exact dilemma. Employers often misrepresent eligibility, leaving injured workers without support. Understanding your rights isn’t just helpful; it’s essential to protecting your health, income, and future.

What legal protections exist for part-time and temporary workers?

South Carolina law provides robust protections that do not distinguish between full-time, part-time, or temporary employees. Under Title 42 of the state code, any employee is covered as long as their employer regularly has four or more staff members. This coverage is automatic and cannot be waived or denied based on your hours. This means you have a legal right to have your necessary medical treatment paid for and to receive wage replacement benefits if the injury prevents you from working.

An employer cannot legally create a policy that excludes non-full-time staff from these fundamental protections. If your employer disputes this, a Columbia workers’ compensation lawyer, like the team at Stewart Law Offices, can take action to uphold your rights and demand the medical care and wage-replacement benefits you are entitled to. Steering the claims process alone can be frustrating, especially while recovering from an injury. Having a dedicated advocate manage the paperwork and deadlines allows you to focus on what matters most: your health.

For a free, no-obligation review of your case, visit their Columbia office at 10 Calendar Ct # 100, Columbia, SC 29206, or call 803-743-4200 to speak with our team.

The primary reason is financial. Every workers’ compensation claim can increase an employer’s insurance premiums. To keep these costs low, some employers may try to discourage or deny claims, especially from staff they view as less permanent or “expendable,” such as part-time or temporary workers.

This resistance isn’t always malicious; it can also stem from a misunderstanding of the law in high-turnover industries like retail or hospitality. However, whether the motive is cost-cutting or ignorance, the result is the same: injured workers are wrongfully discouraged from accessing benefits they are legally owed.

Misclassification is a silent barrier that blocks many workers from receiving benefits. It’s especially common among temporary staff and contractors. This complex issue can be broken down into three fundamental questions:

Misclassification occurs when an employer labels someone as an independent contractor or seasonal worker to avoid providing benefits. If the worker performs regular duties under supervision, this label may not hold up legally.

Being misclassified can lead to the denial of workers’ comp benefits. Employers may argue you’re not eligible, even if your job duties mirror those of full-time staff. This tactic delays access to medical care and wage replacement.

Keep detailed records of your hours, tasks, and communications. If your role resembles that of a regular employee, you may have grounds to challenge the classification. Legal support can help validate your employment status and secure rightful compensation.

You should report your injury to a supervisor immediately, preferably in writing. Quick reporting creates an official record and establishes a clear link between your injury and your job duties, which is essential when filing a claim. Even if the injury seems minor at first, reporting it protects your rights if it worsens later.

While South Carolina law gives you two years to file a claim with the Workers’ Compensation Commission formally, waiting is not recommended. The longer you delay, the more difficult it becomes to prove your case. Filing promptly ensures all details are fresh and strengthens your claim.

Where do most workers get stuck in the process?

Many workers get stuck at the very beginning, often fearing retaliation for reporting an injury. Part-time and temporary employees can feel easily replaceable and worry that filing a claim will lead to lost hours or termination. This hesitation can cause a critical delay in documenting the incident, which unfortunately weakens their position.

If they do report it, the next major hurdle is employer resistance. An employer might dispute the claim, delay filing the necessary paperwork, or deny responsibility. Without legal guidance, many workers become overwhelmed by these administrative roadblocks and give up on receiving the benefits they are entitled to.

What’s the biggest myth about workers’ compensation eligibility?

The most damaging myth is that part-time or temporary workers aren’t covered. This is entirely false. South Carolina law makes no such distinction. Eligibility is based on your employment status, not your schedule. If you are injured on the job for an employer with four or more workers, you are legally entitled to the same protections as a full-time employee.

Employers sometimes perpetuate this myth to discourage claims and keep their insurance costs down. But your rights are defined by state law, not your employer’s preference. Challenging this misinformation is essential to protecting yourself.

What actionable steps can be taken immediately? First, notify your supervisor and request written confirmation. Second, even minor injuries should be evaluated by a professional. Third, document your role by tracking hours, tasks, and communications to support your employment status. Fourth, ask for documentation of your job title and employment terms. Finally, a Columbia work injury attorney can assess your case and pursue rightful benefits.

Frequently Asked Questions

Can workers’ comp apply if I’m paid in cash or off the books?
Yes, but proving employment status may be harder. Keep records of hours worked, tasks performed, and any communications with your employer to support your claim.

What if my employer doesn’t carry workers’ comp insurance?
South Carolina requires most employers with four or more employees to carry coverage. If they don’t, you may still file through the state’s Uninsured Employers’ Fund.

Is legal representation required to file a claim?
It’s not required, but legal support can be invaluable if your claim is denied or delayed. Attorneys can challenge misclassification and represent you before the Workers’ Compensation Commission.

Can I be fired for filing a workers’ comp claim?
Retaliation is illegal. If you’re terminated after filing a claim, you may have grounds for a separate legal action. Document everything and seek legal advice immediately.