Who is an Employee in a Workers’ Comp Claim

Video Transcript:

Cindy: Who is an employee under Workers Compensation Law? That’s our topic on this episode of State Law TV. My guest is South Carolina personal injury attorney, George Sink of George Sink Injury Lawyers and George, I want to thank you for being here today.

George: Well, thank you Cindy. Thank you for having me.

Cindy: My pleasure. Now, George one of the main requirements for recovery under Workers Compensation Law is that the injured person be an employee and this certainly seems like a cut and dry term, but sometimes, there’s a legitimate question as to who is an employee. George, who counts as an employee?

George: Well, you’re exactly right, Cindy and in most situations, an employee is exactly what you think it is. It’s a person who regularly works for their employer, but there’s a lot of people out there who may or may not be employees.

Cindy: Like what kinds of people?

George: In the construction industry, you often have subcontractors and employees. They are different and sometimes, under the law, they can be the same. So it’s pretty confusing.

Cindy: So what happens if you’re injured, George and you don’t qualify as an employee?

George: Generally, you’re not eligible to recover if you’re not an employee, but there are exceptions like what’s called a statutory employee where the statute—those are the laws in the State of South Carolina, in our case, will treat you as if you’re an employee. Like all Workers Compensation issues, this varies widely from state to state.

Cindy: Now, George, I’ve heard Workers Compensation referred to as an exclusive remedy—what does that mean?

George: Cindy, that means that if you’re an employee, your only remedy for on the job injuries is Workers Compensation in South Carolina. If you’re not an employee, under the law, you can sue whomever is responsible for your injury. If there’s ever a question, call a lawyer to help you figure out where you stand.

Cindy: And George, if someone wants to call you, how can they reach you for more information?

George: Well, they can call us toll free at 1-800-849-SINK or find us on the web at www.sinklaw.com.

Cindy: George, thank you so much.

George: Thank you, Cindy.

Cindy: This is Cindy Speaker reporting for State Law TV.