Accidents in the workplace happen. According to the South Carolina Occupational Safety and Health Administration (SC OSHA), there are approximately 30,000 work-related injuries reported statewide each year. A person who is hurt on the job in South Carolina has the right to file for no-fault workers’ compensation benefits.
This raises an important question: What is considered a work-related injury? In South Carolina, an injury is deemed to be “work-related” if it occurred within the course and scope of employment.
Here, our Lexington workers’ compensation attorney provides a more comprehensive explanation of what is considered a work-related injury in South Carolina.
What Qualifies as a Work-Related Injury?
South Carolina is a no-fault workers’ compensation state. You have the right to file for workers’ comp benefits if you are hurt on the job. You are not required to prove that your employer or any other party was “at fault” for your injury to qualify for workers’ comp benefits.
In South Carolina, a work-related injury must arise out of and occur during employment. Along with other things, this includes injuries sustained while performing job duties or activities benefiting the employer. You do not have to be on your employer’s premises.
Common Work Injuries in South Carolina
Workplace accidents can happen in any industry. These injuries come in many different forms. Some of the most common work-related injuries in South Carolina include:
- Back Injuries: Back injuries are among the most common work injuries. These injuries often result from heavy lifting, falls, or repetitive strain. Back injuries may be either acute or they may develop with a delayed onset.
- Sprains and Strains: Lifting, bending, or twisting improperly can lead to sprained ligaments and strained muscles or tendons. These injuries are extremely common across many different types of workplaces in South Carolina. Sprains and strains can cause significant pain, swelling, and temporary loss of function.
- Slip and Fall Injuries: Slips, trips, and falls can happen in many different workplaces. Indeed, workers may slip on wet floors, uneven surfaces, or debris in the workplace. These incidents can lead to sprains, fractures, and/or traumatic brain injuries.
- Repetitive Stress Injuries (RSIs): Tasks that require repetitive motion, like typing or using machinery, can lead to conditions such as carpal tunnel syndrome or tendonitis. Over time, these injuries can significantly impair a worker’s ability to stay on the job.
- Traumatic Brain Injuries (TBIs): Falls, being struck by objects, or machinery accidents can cause head trauma. Even relatively mild concussions may lead to serious, adverse long-term symptoms, including things like headaches, memory loss, or dizziness. All suspected concussions and TBIs require immediate medical attention.
- Burn Injuries: Employees in South Carolina who work around hot equipment, chemicals, or electrical systems may suffer thermal, chemical, or electrical burns. These injuries can range from minor to severe. Some burns require surgery.
- Crush Injuries and Amputations: These serious injuries occur when body parts are caught in heavy machinery or pinned by equipment. Amputations and crush injuries often require surgery and long-term rehabilitation.
- Hearing Damage and Vision Loss: Prolonged exposure to loud noises, particularly in construction or manufacturing, can cause permanent hearing damage. Along the same lines, many workers in these industries could suffer severe vision damage in an accident. In some cases, a worker may even suffer permanent blindness due to a severe injury.
Limitations on What Constitutes a Work Injury
In South Carolina, certain injuries are typically not covered by workers’ compensation. These include injuries occurring during voluntary activities unrelated to job duties, accidents that result from employee intoxication/substance abuse, and mental injuries without an accompanying physical injury unless there were extraordinary conditions in the workplace. These are narrow exceptions to the rule.
Understanding Compensable Injury in Workers’ Compensation in South Carolina
In South Carolina workers’ compensation law, a “compensable injury” refers to an injury or illness that qualifies for workers’ compensation benefits because it meets certain legal criteria. Remember, we live in a no-fault workers’ comp state. You do not need to prove that the employer was negligent to bring a successful claim. With that being said, not all injuries that happen at work are automatically covered. Instead, a work-related injury is only compensable if it:
- Your Injury Arose Out of Your Employment: The injury must be caused by a risk or condition related to the nature of the job.
- Your Injury Happened in the Court of Your Employment: The injury must happen while the employee is performing duties or activities directly related to their job.
For example, imagine that a worker in Lexington, SC, falls off a ladder while stocking shelves during a scheduled shift. As a result, he or she suffered a badly broken arm. That type of injury is typically a compensable injury. It happened at work while the employer was performing standard duties. On the other hand, if the worker is injured while roughhousing on a break or during horseplay, it likely would not be considered compensable under South Carolina law.
We Protect the Rights of Injured Workers in South Carolina
Hurt in an accident in South Carolina? You must take action to seek the full and fair workers’ comp benefits that you deserve. At Smith & Jones Law, LLC, we are committed to providing extraordinary service to clients. You do not have to take on workers’ comp cases alone. We are proactive. Our case results show what we can do for injured workers. Your initial consultation with our South Carolina work injury lawyer is free, confidential, and carries zero obligations.
Contact Our South Carolina Workers’ Comp Lawyer Today
At Smith & Jones Law, LLC, our South Carolina workers’ compensation attorneys are standing by, ready to protect your rights and your interests. If you or your loved one was hurt on the job, we can help. Contact us today for a no cost, no obligation initial case review. With legal offices in Lexington and Mauldin, we fight for justice for injured workers all across South Carolina.