South Dakota Unpaid Interns May be Eligible for Worker's Compensation

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US-0543BG
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If your organization helps students and recent graduates gain work experience by offering internships, be aware that even interns who aren't paid could be eligible for workers' compensation.

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FAQ

In Texas, if a company has worker's compensation, interns are generally eligible for the same coverage as full-time employees.

There is no law in South Dakota requiring any employer to carry workers' compensation insurance. However, it is highly recommended. An uninsured employer may be sued in civil court by an injured worker.

Workers' compensation laws apply a broad definition of the word employee and may cover interns regardless of whether they are paid or not. Accordingly, interns whether paid or unpaid are eligible for workers' compensation benefits in most cases.

1. Are unpaid internships legal? Yes, unpaid internships are legal if they primarily benefit the intern. The Fair Labor Standards Act (FLSA) has a test, the primary beneficiary test, for determining whether an internship is legally allowed to be unpaid.

Accordingly, interns whether paid or unpaid are eligible for workers' compensation benefits in most cases.

Workers' compensation, which pays you certain benefits if you are hurt on the job, is only for employees. The law in Illinois does not extend the right to benefits to volunteers.

Sole proprietors, business partners, corporate officers, and members of limited liability companies may exempt themselves. Overall, it is estimated that 91% of Illinois employees are covered under the Act.

Workers' compensation not only protects your business from financial loss, but it is also required by law in most states if you have employees. Workers' compensation insurance provides valuable protection for you and your employees.

Interns are not covered by the Employment Act. Interns typically seek help from their lecturers and are often advised to endure. The Government should introduce measures to protect interns from unfair workplace treatments.

Worker's Compensation is an insurance providing medical care and/or benefits to any employee that suffers any injuries or illness as a direct result of employment. Workers' compensation coverage is mandatory in the United States.

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South Dakota Unpaid Interns May be Eligible for Worker's Compensation