What Happens to Your Workers’ Comp Claim If You Work for a Small Employer in Upstate SC

Getting injured at work can be complicated enough without wondering whether your employer is too small to have workers’ compensation coverage.

In the Upstate, plenty of people work for small businesses, family-run companies, and local employers where everyone knows each other. If you are injured, you may worry about making a claim against an employer you have worked with for years.

The first thing to understand is that the size of the business does matter under South Carolina law, but being a small employer does not automatically mean an injured employee has no rights.

Does a Small Business Have to Carry Workers’ Comp?

As a general rule, South Carolina businesses that regularly employ four or more employees are required to maintain workers’ compensation coverage.

Importantly, the South Carolina Workers’ Compensation Commission says part-time workers and family members count when determining the number of employees.

There are exceptions to the general rule, including certain casual employees, agricultural employees, and businesses with fewer than four employees. Some other occupations and circumstances have their own rules too.

That means you should not assume that your employer is covered simply because it is a business, but you also should not assume you have no workers’ compensation rights because you work for a small company.

If you are unsure whether your employer should have coverage, the circumstances can be worth discussing with someone familiar with South Carolina workers’ compensation law.

How Is Workers’ Comp Different from a Personal Injury Claim?

Workers’ compensation works differently from a typical personal injury claim. In a personal injury case, an injured person generally has to establish that another party was legally responsible for causing the injury.

Workers’ compensation is different because South Carolina uses a no-fault system for covered workplace injuries. The focus is generally on whether the injury arose out of and in the course of employment, rather than whether the employer was negligent.

That doesn’t mean every workplace injury automatically results in every possible benefit. Workers’ compensation can provide benefits including medical treatment, partial wage replacement, and compensation for certain permanent impairments, depending on the circumstances of the injury.

The amount of wage replacement is also not necessarily the same as your normal pay. For accidents occurring in 2026, the South Carolina Workers’ Compensation Commission lists the maximum weekly compensation rate as $1,189.94, with the statutory rate generally based on 66⅔% of an individual’s average weekly wage subject to the applicable maximum.

This is one reason it is important to understand what benefits may actually apply to your circumstances rather than assuming workers’ comp will simply replace your normal income.

What Should You Do After a Workplace Injury?

If you are injured at work, tell your employer as soon as possible.

South Carolina law generally requires an employee to notify the employer within 90 days of an injury, although prompt reporting is recommended. The employer is responsible for reporting the injury to its insurance carrier, which starts the claims process.

Keep copies of anything you receive relating to the accident and your treatment. That might include:

• Accident reports
• Medical appointment information
• Work restrictions
• Pay information
• Letters or emails from the insurance company
• Information about medical treatment
• Notes about when the injury happened and what you were doing.

You do not need to become an expert in workers’ compensation law. Keeping a clear record simply makes it easier to explain what happened if questions arise later.

What Does a Contingency Fee Mean?

Some people worry that getting legal help means paying an attorney up front. In many personal injury cases, lawyers work on a contingency-fee basis, meaning the attorney’s fee is tied to the compensation recovered rather than being charged as a traditional hourly fee.

Workers’ compensation fees in South Carolina are subject to specific rules and approval by the Workers’ Compensation Commission. Under the Commission’s regulations, a contingent fee may be agreed upon in qualifying circumstances, with the general maximum set at 33.3% of the total compensation, subject to applicable exceptions and requirements.

It is worth asking an attorney how their fee would work in your particular case, including what percentage applies and how costs are handled. A consultation should allow you to ask those questions before deciding whether to proceed.

Could a Smaller Local Firm Handle Things Differently?

The size and structure of a law firm can affect how clients communicate with their legal team, though no single approach applies to every firm.

Some people prefer a more personal relationship with the attorney handling their case, while others may be comfortable communicating primarily through a wider team.

If personal contact matters to you, ask who will actually handle your case, who you will speak to when you have questions, how often you will receive updates, and whether you will have direct access to an attorney. Those questions are useful regardless of the firm’s size.

The Clardy Law Firm describes its Greenville-based team as providing direct access to attorneys, consistent updates, and clear communication throughout the claims process. Its workers’ compensation practice also states that the firm handles communication with insurance companies and opposing parties while keeping clients informed about what happens next.

You Don’t Have to Know Everything Before Asking for Help

A workplace injury can leave you trying to understand medical treatment, time away from work, insurance paperwork, and your legal rights all at once.

Working for a small employer does not automatically mean you are outside the workers’ compensation system. Equally, you should not assume that every small business is required to carry coverage without checking the specific circumstances.

If you have been injured at work, report the injury promptly, follow the recommended medical treatment, and keep records of what happens.

If your claim is denied, your benefits are disputed, you are unsure whether your employer should have coverage, or you do not understand what you may be entitled to, seeking legal advice can help clarify your options.

The Clardy Law Firm represents injured workers throughout the Upstate and offers a free, no-obligation case evaluation for people with questions about workers’ compensation claims.