Coverage for Farm Workers: Optional

Limitations: Employer may elect to be bound by workers' compensation law. S.C. Code Ann. § 42-1-380 (2013).

Statute: S.C. Code Ann. § 42-1-360 (2013)

Coverage for Undocumented Workers: Yes

Case Law: S.C. Code Ann. 1976 § 42-1-130 (2008) (definition of "employee" includes "aliens . . . whether lawfully or unlawfully employed"). Curiel v. Envtl. Mgmt. Servs. (MS), 655 S.E.2d 482 (S.C. 2007) (holding that Immigration Reform and Control Act, which prohibits the hiring of unauthorized aliens, does not preempt state law permitting illegal alien to recover workers compensation; the Act does not expressly preclude an illegal alien from being considered an employee for workers' compensation benefits, and allowing benefits for injured illegal alien workers does not conflict with the policy against hiring them).

Benefits Available for Undocumented Workers: This is somewhat unclear as Curiel decides that an undocumented worker can qualify for workers' compensation, but the discussion of what the worker qualifies for did not involve a discussion in light of the worker's undocumented status (so the issue of what benefits an undocumented worker can receive appears not to have been litigated). The case was remanded for a determination of what amount of permanent partial disability the undocumented worker should receive. Curiel v. Envtl. Mgmt. Servs. (MS), 655 S.E.2d 482, 484, 487 (S.C. 2007).