South Carolina Workers’ Compensation for Flooring Installers

Learn if you qualify for workers’ comp and how to get maximum compensation for your injuries

The flooring industry can appear deceptively low-risk compared to other occupations. After all, you’re often working close to the ground, which reduces your chances of experiencing serious fall-related injuries. Unfortunately, just about every occupation carries some risk of getting hurt on the job, and flooring installers are susceptible to several common types of injuries.

Despite representing only 0.06% of the workforce, flooring installers file 6.2% of all of the workers’ compensation claims that occur for traumatic knee injuries each year, which is higher than any other occupation.

Knowing what to do if a knee or other work-related injury happens can help you receive workers’ compensation benefits to aid in your recovery.

What are the most common injuries for flooring installers?

As with most professions, there are certain types of injuries that come up frequently among people who perform the same job duties. In addition to knee injuries, flooring installers should be aware of these common injuries:

• Back and shoulder injuries. Overexertion injuries to the back and neck are common with manual labor, often resulting from heavy lifting.
• Hand and wrist injuries. Carpal tunnel and other repetitive stress injuries are common among floor installers that constantly swing a hammer and use other tools, and wrist strain is another serious concern.
• Broken bones. Broken bones can result from accidents with tools or slip-and-fall accidents that can happen at cluttered worksites.
• Amputation injuries. Loss of a finger or limb may occur as a result of a saw accident or an accident with other tools or machinery.
• Diseases from exposure to toxic chemicals. Certain types of flooring, glues and adhesives contain toxic chemicals that are linked to the development of cancer, asthma and other serious long-term occupational illnesses.

Who’s eligible for workers’ compensation in South Carolina?

South Carolina requires the majority of employers with 4 or more employees to have workers’ compensation insurance to provide financial assistance after an on-the-job illness or injury. You don’t need to prove that your employer was negligent to collect benefits, but keep in mind that your injuries must be work-related for you to be eligible to file a claim.

However, not all South Carolina employers are required to provide these benefits, including those who:

• Have less than $3,000 on their payroll from the previous year
• Only employ casual employees who work irregular or limited hours
• Employ agricultural workers
• Employ railway employees
• Employ federal employees

Employee vs independent contractor

Knowing whether someone is an employee versus an independent contractor is important for determining their eligibility status for workers’ comp. South Carolina doesn’t have a specific definition for independent contractors. Instead, the courts look at factors to help determine each person’s eligibility for workers’ comp on an individual basis. 

For instance, you’re more likely to be classified as an independent contractor when you’re not subject to control from the person you work for as to how you do your job. So if the person who hired you has no input in how you go about getting the job done, you may qualify as an independent contractor.

Do independent contractors qualify for workers’ comp?

As an independent contractor in South Carolina, you aren’t typically eligible for workers’ compensation benefits. This is why it’s critical to be clear about your status as an employee. You’ll also want to remember that you can challenge what you believe is an incorrect classification of your employment status.

What is a no-fault system, and how does it impact injured workers?

Workers’ compensation is a no-fault system that allows employees to file a claim regardless of who was at fault for their injuries. Keep in mind, however, that you may be asked to undergo drug and alcohol testing to make sure you weren’t inebriated during the time of your accident. 

However, in most other instances, you typically can’t be denied benefits for accidents that occur on the job (even if they were your fault), such as failing to put on your knee pads or getting into an accident while you were distracted.

What types of workers’ comp benefits can flooring installers receive?

Workers’ comp benefits fall into several categories that all help cover someone’s financial needs after an injury, and they include the following:

• All necessary medical care-including doctor and hospital bills, medications and therapy
• Compensation for two-thirds of your lost wages for a period of time that depends on the seriousness of your injury or illness and if it’s temporary or permanent
• Death benefits for lost wages up to 500 weeks and a portion of the funeral costs to certain dependents if a worker dies of an on-the-job injury or illness

How do I file a workers’ compensation claim in South Carolina?

After an injury, your employer will file the actual claim with their workers’ compensation insurance company. But, you should work through these steps to get things started and follow up accordingly:

1. Seek immediate medical attention for your injuries.
2. File a written report of the accident with your employer within 90 days.
3. Your employer is then responsible for filing a claim with the South Carolina Workers’ Compensation Commission.
4. While you wait to hear if your claim is approved, maintain records of every diagnosis, doctor’s appointment and medical bill, and follow your healthcare provider’s treatment recommendations.
5. Contact a lawyer if your employer drags their feet about filing your claim or if your claim is denied. A denied claim can be appealed with the help of an experienced workers’ compensation attorney.

What should I do if I believe I’m wrongly classified as an independent contractor?

Occasionally, employees are misclassified as independent contractors. Although this is stressful and can potentially slow down your case’s progress, you still have the ability to work with an attorney to get your status reclassified. An attorney can work on your behalf to demonstrate that you were a legal employee, or they can help you to seek compensation through third-party or personal injury claims, if necessary.

How to prevent knee injuries at work

Being aware of occupational hazards and safety measures can help flooring installers avoid injuries that lead to long and painful recoveries. Here are some tips to keep in mind:

• Wear protective gear, such as knee pads and gloves, whenever possible.
• Use ergonomic equipment that reduces strain on your joints and tendons.
• Practice good posture, and remember to stop and stretch your limbs periodically. 
• Ensure proper lighting in work areas to enhance visibility and reduce the risk of accidents.

Paying attention to small injuries can also help you treat them before they lead to bigger ones that impact your ability to perform your job duties completely.

Contact a Columbia work injury attorney

If you’re a flooring installer who’s been injured at work, it’s critical that you understand your rights to compensation. Contacting an experienced workers’ comp attorney early on in the process will ensure you don’t miss any important filing deadlines and give your case the best chance at success.       

For more than 30 years, the experienced attorneys at Chappell, Chappell & Newman have been committed to fighting for the rights of injured workers, helping them succeed in their financial recoveries. As your attorneys, we’ll work tirelessly to protect your rights in any legal setting so you can maximize your compensation and reclaim your life.

Contact our office today for your free consultation.