If you’re curious about under his or her employer’s workers’ comp insurance, the employee’s injury must have occurred as a result of a work-related accident or occupational disease. But what does that mean exactly? The Clardy Law Firm is here to help you break it down.
Injury and personal injury defined
The South Carolina Workers’ Compensation Commission defines injury and personal injury to mean an: “injury by accident arising out of and in the course of employment and shall not include a disease in any form, except when it results naturally and unavoidably from the accident and except such disease as are compensable.” South Carolina Code of Laws Title 42 – Workers’ Compensation, Chapter 1, Section 42-1-160. It also includes “stress, mental injuries, and mental illness arising out of and in the course of employment.”And includes other physical injuries sustained within the workplace.
Accident defined
An accident is a specific event or incident. It should “not be construed to mean a series of events in employment.”
To sum everything up
Almost any injury and some illnesses that an employee gets from work can fit under the umbrella definition for a workers comp accident. It’s up to the South Carolina Workers Commission to determine whether you have enough evidence. Then they’ll be able to determine if you are eligible for workers comp benefits.
Providing proof of the fact that your injury occurred in the workplace and filing your claim can be an especially difficult process. You may need assistance from a workers comp accident attorney, like one from The Clardy Law Firm
