I Was Injured at Work, But My Employer Doesn’t Have Workers’ Comp Insurance. What Do I Do?

On-the-job accidents can range in severity, not only impacting an employee’s future, but their finances too. Whether you suffered a serious fall off a ladder when stocking shelves or jammed a finger on a cash register, you’re likely eligible to file a Workers’ Compensation claim. 

Workers’ Compensation insurance covers an employee’s work-related injury, illness, or in the worst case, death. Whether you are injured or sick due to your job, you deserve compensation for medical treatment, lost wages, and more.

So, what happens when you begin to file a Workers’ Comp claim and discover that there is no coverage? What happens next? That’s where Hoffman Law Firm is here to help! 

What Businesses Are Required to Have Workers’ Compensation Insurance? 

Here in the state of South Carolina, employers with four or more employees are required to carry Workers’ Compensation coverage. Employees include full-time and part-time workers as well as family members. 

Note that employers in certain industries are exempt from maintaining Workers’ Comp coverage. These employees may not be covered: 

  • Agricultural workers
  • Federal employees 
  • Commission-based real estate agents
  • State and county fair association employees
  • Railroads and railway express workers
  • Owner-operator drivers (tractor-trailers, tractors, etc.)
  • Casual employees (who work sporadically for an extended period of time)
  • Those working for small businesses with fewer than four employees or an annual payroll of less than $3,000

How Do I Find Out If My Employer Has Workers’ Comp Insurance?

After suffering a work-related injury, the first step is to notify your employer. If your employer has the required coverage, they will explain how to file a claim. 

But if your employer does not cooperate or refuses to verify your claim, don’t be discouraged. There are still options for pursuing a Workers’ Comp claim – and Hoffman Law Firm can help!

One option we recommend is checking your contract and employee handbook for an outline of your Workers’ Compensation benefits and qualifications. You can also verify your employer’s Workers’ Comp coverage by checking online at the Workers’ Compensation Commission. The Commission maintains a comprehensive record of employers with Workers’ Comp insurance for verification. 

What Do I Do if My Employer Doesn’t Carry Workers’ Comp Coverage? 

Getting hurt in a work-related accident is painful enough – but finding out your employer doesn’t have the insurance required to cover related expenses adds insult to injury.

Trying to pursue a Workers’ Comp claim while recovering from an injury can be incredibly challenging, but we are here for you. With the help of a dedicated South Carolina Workers’ Compensation lawyer, you can seek compensation for lost wages and medical bills – along with the pain and suffering endured along the way. 

One option is to file a Workers’ Comp claim directly with the State’s uninsured employer’s fund. This fund is designed for those specifically seeking compensation coverage that their employer does not possess. When you file a claim, the commission will investigate to determine if your employer does not have coverage but is required to. The fund then places a lien on the employer’s assets to cover your benefits. 

Before moving forward with a personal injury lawsuit, be sure to consult a Workers’ Compensation lawyer near you. Our Charleston Workers’ Compensation lawyers can help determine the best course of action moving forward.

Trust Hoffman Law Firm to Secure Compensation for Your Work Injury!

Board Certified Personal Injury Attorneys of Hoffman Law Firm in Charleston SC

Seeking compensation after a workplace accident can be overwhelming, especially if your employer does not have the required coverage in place.

Because we know that getting the benefits you deserve may seem like a daunting task, our experienced Workers’ Comp attorneys will handle all the heavy lifting. From filing your claim to communicating with your employer, we will work hard on your behalf each step of the way.

Located in Charleston, SC, we support injured workers throughout the Palmetto State. In addition to Workers’ Compensation cases, our personal injury attorneys are skilled in a wide variety of areas, including slip, trip, and fall incidents.

To meet with a member of our team, schedule your free consultation at Hoffman Law Firm today. 

Cases We Handle:

Workers’ Compensation

Personal Injury

Wrongful Death

Brain Injury

Spinal Cord Injury

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Recovered for a worker with under $100,000 in medical bills that was rear-ended by a commercial vehicle.


A client suffered a brain injury at work. Case was originally denied, however Hoffman Law Firm managed the case and got the accident victim compensated. 


Recovered for a worker that fell through the roof of a building.

View More Case Results

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Am I Eligible for Workers’ Comp While Working From Home?

Can You File a Workers’ Compensation Claim for Stress? 

Can I Receive SC Disability Benefits After a Workers’ Compensation Settlement?

Common Misconceptions About Workers’ Comp and What to Do If You’ve Been Hurt On The Job

Compensation for Spinal Cord Injuries in Charleston

Dangerous Jobs: Most Common Workplace Injuries

Do I Need to Use Sick Leave for a Workers’ Compensation Claim in South Carolina? 

How Can a Workers’ Compensation Lawyer Help Your Claim?

How to File for Workers’ Compensation in South Carolina

Is Your Occupational Disease Covered Under Workers’ Comp?

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Understanding Lost Wages After You Were Injured In an Accident in South Carolina

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What is an “Independent Medical Examination?” 

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