Can I File for Workers’ Compensation Insurance if I Am Only a Part-time Employee?

Many workers wonder whether or not they are entitled to workers’ compensation insurance if they are only part-time workers, and are not employed for a full 40 hours a week. The answer is that all employees, both full-time and part-time, are covered under workers’ compensation insurance, and that an employer is required to carry workers’ compensation insurance even if they only have part-time workers. To be sure, South Carolina Code of Laws Section 41-2-130 defines an employee as:

“…every person engaged in an employment under any appointment, contract of hire, or apprenticeship, expressed or implied, oral or written, including aliens and also including minors, whether lawfully or unlawfully employed…”

This means that not only are part-time workers covered under workers’ compensation insurance, but so are workers who are undocumented or who are minors.

If your employer tried to tell you that you do not qualify for workers’ compensation insurance after you have suffered a workplace injury based on your status as a part-time employee, they are likely mistaken; consult with an attorney or contact the Workers’ Compensation Commission directly for clarification and to protect your right to benefits.

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