I want a form that my uninsured painters can sign so if they are injured
We cannot give legal advice. The foregoing is not a substitute for the advice of a local attorney. But we hope the information will be useful.
You first need to determine whether the painters you describe are "independent contractors" or (your) "employees" under South Carolina law. A complex of statutes and case law addresses this fact-specific issue, and we cannot give you specific legal advice as to which category the painters occupy. However, the following is illustrative of the South Carolina legal framework in this area:
In WILKINSON v. PALMETTO STATE TRANSP., 382 S.C. 295; 676 S.E.2d 700 (2009) the Supreme Court of South Carolina reviewed its jurisprudence on this issue, stating:
"Under settled law, the determination of whether a claimant is an employee or independent contractor focuses on the issue of control, specifically whether the purported employer had the right to control the claimant in the performance of his work. (citations omitted). In evaluating the right of control, the Court examines four factors which serve as a means of analyzing the work relationship as a whole: (1) direct evidence of the right or exercise of control; (2) furnishing of equipment; (3) method of payment; (4) right to fire. (citations omitted)"
Please see also the following general information on the independent contractor/employee distinction:
If, per the legal framework, the painters are in fact "independent contractors," you are not bound to insure them and would not be liable to them if they were injured in the course of their contract work for you (except on ordinary negligence grounds if your action or omission was a proximate cause of their injury - for example if you knew of certain hidden dangers on the roof of which they were unaware and neglected to tell them, resulting in their injury). To protect yourself/your company financially in cases of your own negligence it would be useful to carry a general liability insurance policy. Depending on your line of work, you may be legally required to carry such a policy - you should check with your local professional association and/or your state secretary of commerce and secretary of insurance.
If, per the legal framework, the painters are in fact "employees" of you and/or your company, you are likely required to carry workers compensation insurance for these employees under South Carolina's Worker's Compensation Law:
There are exceptions to the requirement to maintain workers compensation insurance, for example if the number of employees regularly employed in service is less than four. It is unclear whether this refers to only the painters or all employees including the painters. However, understand that the intent of the legislature is for coverage to attach if in doubt. Whether or not your operation would qualify for an exception to workers compensation requirements is a legal question requiring a specific analysis of facts and law, and we cannot give you legal advice.
Our independent contractor contract is here:
However, if your painters qualify as employees under the law, having them sign this contract will NOT transform them into independent contractors.