Hoffman Law Firm
1,500,000 Full Compensation Recovered in Uninsured Employer Dispute
When an employee is seriously injured on the job, the situation becomes far more complex if the employer illegally fails to carry workers’ compensation coverage. In this case, an injured worker faced both a devastating workplace injury and an outright denial from an uninsured employer attempting to avoid financial responsibility.
Without a standard insurance carrier to issue payouts, many injured employees assume they have no options. Hoffman Law Firm took on the challenge, fighting every step of the way. Our attorneys launched a comprehensive investigation to establish employment status, prove statutory employer liability, and pursue all available recovery avenues under state law.
Through relentless litigation and aggressive advocacy before the South Carolina Workers’ Compensation Commission, our legal team dismantled the employer’s defense and secured a full $1,500,000 recovery for our client. This outcome ensured all medical treatment was covered and provided essential long-term financial security for the worker.
Operating without mandatory workers’ comp coverage violates South Carolina law. If your employer lacks insurance or denies your claim, Hoffman Law Firm has a long history of helping individuals across the Lowcountry get the support and protection they deserve.
We serves injured workers throughout Charleston, Georgetown, and statewide. We operate on a contingency basis—no upfront fees, and no legal fees unless we win compensation for you.
Contact to discuss your legal options with a free consultation.
Case Results
Our Georgetown & Charleston car accident law firm has a strong track record of securing maximum compensation for our clients and their injury claims. Explore more here:
$1,200,000 — Workers’ Comp Recovery
Denied Traumatic Brain Injury Claim
$800,000 — Workers’ Compensation Claim Recovered
Law Enforcement Injured in Line of Duty
$1,950,000 — Workers’ Comp Case
Building Code Violation Injury.
What Happens When a South Carolina Employer Lacks Workers’ Compensation Insurance?
Most South Carolina businesses with four or more employees must carry workers’ compensation insurance. This includes full-time, part-time, and seasonal employees.
If your employer does not have required coverage and you are injured at work, South Carolina law may provide other ways to pursue medical and wage benefits.
South Carolina Uninsured Employers’ Fund
The South Carolina Uninsured Employers’ Fund (UEF) may provide workers’ compensation benefits when an employer required to carry insurance fails to do so.
Under S.C. Code § 42-7-200, the UEF can help eligible injured workers pursue medical and wage benefits for covered workplace injuries.
Statutory Employer Liability
If you were working for an uninsured subcontractor, a general contractor or higher-tier contractor may qualify as your statutory employer under S.C. Code § 42-1-400.
When applicable, the statutory employer’s workers’ compensation coverage may apply to the claim.
Employer Penalties and Liens
An uninsured employer may face penalties and liability when the state pays workers’ compensation benefits on the employer’s behalf.
The state may also pursue reimbursement through a first-priority lien against qualifying business or personal assets.
Loss of Workers’ Compensation Protections
An employer that fails to maintain required workers’ compensation coverage may lose certain protections normally available under South Carolina workers’ compensation law.
The employer may face direct liability, civil penalties, and South Carolina Workers’ Compensation Commission sanctions.
Why an Uninsured Employer May Dispute a Claim
An uninsured employer may challenge whether an injured worker qualifies for workers’ compensation benefits.
Common disputes include:
Independent Contractor Misclassification
The employer may claim that the injured worker was an independent contractor rather than an employee.
Underreported Employees
An employer may dispute the number of employees it has to argue that workers’ compensation coverage was not required.
Disputing the Work-Related Injury
The employer may claim the injury happened outside work, away from the job site, or while the employee was performing an unauthorized activity.
Hiding Business or Personal Assets
An employer may attempt to separate or transfer assets to limit financial exposure after a claim.
How to Pursue an Uninsured Workers’ Compensation Claim in South Carolina
| Step | What to Do |
|---|---|
| 1. Establish Employment Status | Keep pay stubs, bank deposits, work schedules, text messages, and witness information showing your employment relationship. |
| 2. Report the Injury | Provide notice of the workplace injury within the required 90-day period and document your medical treatment. |
| 3. File a Workers’ Compensation Claim | A Form 50 may be used to file a claim with the South Carolina Workers’ Compensation Commission and identify the employer and UEF when appropriate. |
| 4. Investigate Third-Party Liability | Determine whether a contractor, property owner, equipment manufacturer, or another third party may have separate legal liability. |
Frequently Asked Questions About Uninsured Workers’ Compensation in South Carolina
Can I get my medical bills paid if my employer does not have workers’ compensation insurance?
Possibly. Eligible injured workers may be able to pursue benefits through the South Carolina Uninsured Employers’ Fund or applicable statutory employer coverage. Benefits may include authorized medical treatment and other workers’ compensation benefits.
Can my employer fire me for filing a workers’ compensation claim?
South Carolina law generally prohibits retaliation against employees for exercising their rights under the state’s workers’ compensation laws. If you believe your employer retaliated against you, the circumstances should be reviewed by a qualified attorney.
What if my employer says I am an independent contractor?
The South Carolina Workers’ Compensation Commission can determine whether a worker is an employee or independent contractor. The analysis can consider factors such as who controls the work, sets working hours, supplies equipment, and directs how the work is performed.
What should I do if my employer does not have workers’ compensation insurance?
Document your employment and injury, report the injury promptly, obtain appropriate medical care, and preserve records related to your work and the injury. You may also want to speak with a South Carolina workers’ compensation attorney about potential UEF, statutory employer, and third-party claims.
What Our Clients Say About Us
They are exceptionally professional, consistently available, and have always gone above and beyond my expectations. I can confidently say that if you are not using Hoffman Law Firm, you are likely making a mistake in the judicial process.
-Peter N.
My experience with Hoffman Law Firm has been truly satisfactory. From day one, the staff is incredibly kind, providing detailed information and answering any questions promptly. They consistently demonstrate a genuine interest in my well-being.
-Till
They did all the work and called me when my payment was ready for pick up. If I ever need this kind of representation again these ladies and Hoffman Law Firm will always be my go to.
-Beverley M.
Meet Your Lowcountry Legal Team
We are your local attorneys here to protect you and get you compensation you deserve. Hoffman Law Firm has always called the Charleston home and we pride ourselves on protecting our community and neighbors across the Lowcountry.
Disclaimer: The case results listed on this page are provided for informational purposes only. Every personal injury case is unique, and past outcomes do not guarantee or predict similar results in future cases. The value and outcome of your claim will depend on the specific facts, evidence, and circumstances involved. To understand what your case may be worth, please contact Hoffman Law Firm for a free consultation.