Imagine you're a freelance electrician working at a Camden construction site when faulty scaffolding collapses and injures your back.. As an independent contractor, you wonder who will cover your medical bills and lost income, if anyone. The answer depends on several factors that make freelancer injury liability cases different from traditional employee accidents.
Our Anderson workers’ compensation lawyers understand the unique challenges freelancers face when injured while working. We help independent contractors determine liability and pursue all available compensation options when workplace accidents occur.
Understanding Worker Classification in South Carolina
The distinction between employee and independent contractor determines your rights to compensation after a work-related injury. South Carolina follows specific criteria to make this determination, and the classification affects your access to workers' compensation benefits.
Right to Control Test
South Carolina courts use the "right to control" test outlined in S.C. Code § 42-1-400 to determine worker classification. The law examines whether the hiring party controls how, when, and where work is performed, not just the final result.
Key factors include your level of independence in completing tasks, whether you use your own tools and equipment, how you're paid, and the duration of your working relationship.
Incorrect Classifications
Some companies incorrectly classify employees as independent contractors to avoid paying workers' compensation premiums.
Picture “Sarah” working as a "freelance" marketing coordinator in Greenville. However, she receives detailed daily instructions, uses company equipment exclusively, works set hours at the company office, and has worked for the same client for two years. Despite being called an independent contractor, Sarah might actually be an employee under South Carolina law.
Workers' Compensation Eligibility for Independent Contractors
Independent contractors generally cannot receive workers' compensation benefits in South Carolina. S.C. Code § 42-1-400 specifically excludes freelancers and independent contractors from mandatory workers' compensation coverage. This means you typically cannot file a workers' compensation claim if injured while performing freelance work.
However, some exceptions exist. Certain industries and work arrangements create different rules, and some businesses voluntarily extend workers' compensation coverage to contractors.
Construction contractors often have different requirements, and some professional service agreements include injury coverage provisions. Always review your contract terms to understand what protections you have available to you.
Potential Compensation Avenues for Injured Freelancers
When workers' compensation isn't available, injured freelancers must explore alternative paths to recover damages. Several options may provide compensation depending on the circumstances of your workplace accident.
Third-Party Liability Claims
You may have grounds for a personal injury lawsuit against parties other than your direct client. Property owners, equipment manufacturers, or other contractors might bear responsibility for unsafe conditions that caused your injury.
For instance, say you're a freelance web developer working at a Summerville coworking space when a poorly maintained elevator malfunctions and injures you. While your client wouldn't be liable, the building owner might face responsibility for the elevator's condition.
Premises Liability Against Property Owners
When you suffer an injury on someone else's property while working, you might have grounds to file a premises liability claim. Property owners must maintain reasonably safe conditions for people lawfully on their premises, including freelancers.
A premises liability claim may apply when you're injured due to:
- Slippery floors without proper warning signs
- Defective stairways or railings
- Inadequate lighting in work areas
- Broken or damaged flooring
- Improperly maintained equipment or fixtures
Product Liability for Defective Equipment
If defective tools or equipment cause your injury, the manufacturer or distributor might be liable regardless of your employment status.
Consider a freelance carpenter whose rented saw malfunctions due to a manufacturing defect, causing severe hand injuries. The carpenter could file a lawsuit against the saw manufacturer even though they're not eligible for workers' compensation.
Insurance Considerations for South Carolina Freelancers
Smart freelancers carry their own insurance protection since they can't rely on employer liability coverage. Several types of policies can provide financial protection when accidents occur.
Professional Liability Insurance
Professional liability insurance protects against claims related to your work performance, while general liability covers bodily injury and property damage you might cause to others. Some policies include limited coverage for your own injuries.
Disability Insurance Coverage
Short-term and long-term disability insurance replace a portion of your income when injuries prevent you from working. These policies are particularly important for freelancers who don't have employer-provided sick leave or disability benefits. Disability insurance typically pays 60-70% of your average income during the benefit period.
Determining Liability in Freelancer Injury Cases
Identifying responsible parties requires careful analysis of the accident circumstances and all relationships involved. Multiple parties might share liability, creating opportunities for compensation even when workers' compensation isn't available.
While clients generally aren't liable for independent contractor accidents and injuries, exceptions exist when they create dangerous conditions or fail to warn about known hazards. If your client instructs you to use unsafe methods despite your objections, they might bear some responsibility for resulting injuries.
Many freelancer injury cases involve multiple potentially responsible parties. Suppose a freelance carpenter is injured when scaffolding collapses at a construction site. In that case, potential defendants might include the scaffolding rental company, the general contractor who erected it, the property owner, and the manufacturer if equipment defects contributed to the collapse.
Working with the experienced Anderson personal injury attorneys at Pracht Injury Lawyers helps identify all potential sources of compensation after a freelance work injury. We understand South Carolina's liability laws and will fight to protect your rights as an independent contractor.