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Coverage and Compliance FAQs

Does 4 or more employees include part-time workers and/or family members? 

Yes.  Part-time workers and family members are counted as employees.

Are non-profit organizations required to have workers’ compensation insurance? 

Non-profit organizations are treated no differently under the Workers’ Compensation Act than a for profit business.  If the non-profit organization employs 4 or more employees, then they are required to maintain workers’ compensation insurance coverage.

If I’m a general contractor, am I required to have workers’ comp insurance? 

Yes.  Employees of a subcontractor are statutory employees of a general contractor.  A general contractor is liable for their statutory employees in the event their subcontractors do not maintain their own workers’ compensation insurance coverage. 

I’m a subcontractor with less than 4 employees, why is the general contractor requiring me to have coverage? 

A general contractor may require their subcontractors to maintain workers’ compensation insurance to work on their jobs in order to avoid the liability of a workers’ compensation claim from an uninsured employer/subcontractor.

Who qualifies as an independent contractor? 

An independent contractor would generally be defined as one who operates under an independent contractor agreement with specific terms of the contract and who use their own equipment and tools, and set their own rates, labor schedules, and payment.

Does the Commission have an exemption form or certificate? 

No.

If I pay my workers via 1099, am I required to have workers’ comp insurance? 

The method of payment to workers is not the sole determining factor as to the requirement of an employer to maintain workers’ compensation insurance coverage.  It is possible for an employer to pay workers via 1099 and still be required to maintain workers’ compensation insurance coverage.

Where do I find my employer’s workers’ compensation coverage information? 

An employer’s coverage information (if any) can be found here.  

Click here for common employer name variations (PDF).

Where do I go to purchase workers’ compensation insurance? 

Workers’ compensation insurance coverage can be obtained via a commercial insurance carrier licensed to write workers’ compensation insurance coverage in the state of South Carolina or via the state’s assigned risk program, which is administered by the National Council on Compensation Insurance (NCCI).

What do I do if I’m no longer required to have workers’ compensation insurance? 

If you previously maintained workers’ compensation insurance coverage, but are now no longer subject to the Act and wish to come out from under the provisions of the Act, you must file a Form 38 with the Commission.