Under South Carolina workers’ compensation law, employers are supposed to purchase and maintain a policy of workers’ compensation insurance to cover their employees, in case an accident or illness should happen on the job.
Of course, just as people break other rules in life, not every employer complies with the requirements placed on them under the law. Fortunately, a person who is hurt at work while on the job with an uninsured employer does have a potential remedy – the uninsured employers’ fund. (The employer does not get off scot-free, of course, but working out the details of how the employer ultimately reimburses the fund is a matter that typically does not require the injured employee’s involvement.)
Facts of the Case