Hurt on the job in South Carolina? You can file for workers’ compensation benefits. Workers’ comp is no-fault insurance that covers injuries that happen at work. This raises an important question: What is considered a work-related injury? The short answer is that it is an injury that happens within the course and scope of your employment. At Smith & Jones Law, LLC, we are proud to put injured workers first. Here, our Lexington workers’ compensation attorney provides a guide to the medical conditions that actually qualify as a job-related injury in South Carolina.
What Qualifies as a Work-Related Injury?
Under South Carolina law, many employers are required to provide no-fault workers’ comp insurance coverage to their employees. It is insurance that covers on-the-job injuries. State law defines a “work-related injury” as one that arises out of and occurs in the course and scope of employment (S.C. Code § 42-1-160). There are two key elements that a worker must prove for their injury to be “work-related” under South Carolina law:
- The injury must have originated from a risk connected to the job
- The injury must have occurred while the employee is performing job duties or engaged in an activity incidental to employment.
Key Point: An injury does not actually have to have happened on an employer’s premises to be covered. For example, if your boss sends you off-site for a work-related matter and you are hurt in an accident, you can still file for workers’ comp benefits in South Carolina.
Examples: Work-Related vs Non-Work-Related
The best way to understand how South Carolina defines work-related injuries is to consider some hypothetical examples. Here are some examples that you can use to enhance your understanding of the law in South Carolina:
- Work-Related Example 1 (On-the-Job Slip and Fall): Imagine that an office employee in Lexington slips on a wet floor in the employer’s building during working hours. That accident is work-related. He or she would be entitled to workers’ compensation benefits. The injury arose directly from conditions of employment and occurred during the workday.
- Work-Related Example 2 (Motor Vehicle Accident While Performing Job Duties): Imagine that a delivery driver in Lexington was injured in a collision while making scheduled deliveries. Once again, that employee would be covered because driving is integral to the employee’s role at the company. It does not matter that the accident happened off-site.
- Non-Work Example 1 (Lunch Break Accident Off Premises): Imagine that an employee is injured in a car accident while driving to a restaurant for a personal lunch break. Unfortunately, he or she generally cannot claim workers’ compensation. The activity is personal in nature, and if the accident happened off-the-clock, it is likely not covered by workers’ comp in South Carolina.
- Non-Work Example 2 (Recreational Activity After Hours): Imagine that a worker joins an informal basketball game with several co-workers after clocking out. He or she suffers a knee injury during the game. Even though many employees of the company are involved, that would not give rise to a workers’ comp claim. Participation is voluntary and recreational. As such, the knee injury lacks the necessary job connection.
Takeaway: Proving that your injury happened within the course and scope of your employment requires establishing that you were hurt while you were working on behalf of your employer. You do not need to be on-site, nor do you need to be doing your normal work activities, but you do need to be doing something that is directly related to your job.
Why it Matters: Proving a Job Connection to Get Workers’ Comp Benefits
Demonstrating that an injury is job-related is the cornerstone of every South Carolina workers’ compensation claim. Without this showing, benefits such as medical coverage, temporary total disability, and permanent impairment awards cannot be accessed. Insurance carriers frequently deny claims by arguing that an injury stemmed from a personal risk or occurred outside the scope of work. With that in mind, you should take a proactive approach to proving that your injury is related to your job. A top-tier Lexington, SC workers’ comp lawyer can help.
Occupational Diseases and Work-Related Illnesses (Most Challenging Cases to Prove)
Work-related injuries are not limited to sudden accidents. Under S.C. Code § 42-11-10, occupational diseases are also compensable if caused or significantly aggravated by conditions of employment.
Some examples include respiratory illness from chemical exposure, hearing loss from long-term industrial noise, or repetitive strain injuries from constant computer use. The key legal requirement is showing a direct causal link between workplace hazards and the illness. Of course, as there is not “one accident” to point to, proving the connection can be more difficult. Insurers often challenge these claims as pre-existing or unrelated. A Lexington workers’ comp lawyer can help you take action to prove a work connection if you have an occupational disease or job-related illness.
How the Work Injury Lawyers at Smith & Jones Law Can Help
Work injury claims are complicated, especially so for an accident that happened off-site. There may sometimes be a dispute from an employer regarding whether or not an accident is work-related at all. At Smith & Jones Law, LLC, we put injured workers first. Our firm has a proven record of case results. We have an office right here in Lexington and are proud to serve the community. The 29073 zip code stretches south and west of downtown Lexington and includes a number of fast-growing residential communities. With new schools, businesses, and housing developments, the 29073 area has become a hub for families seeking both affordability and strong community ties.
Contact Our Lexington, SC Workers’ Comp Attorneys Today
At Smith & Jones Law, LLC, our Lexington workers’ compensation attorneys are always willing to go the extra mile to help our clients secure the maximum available benefits. If you were hurt on the job, please do not hesitate to contact us today for your free initial consultation. From our Lexington office, we fight for justice for injured workers across the region in South Carolina.