If you’re wondering whether your employer has a program to help you with work injuries, you can probably relax.
South Carolina law requires one for employers with more than four employees. It’s called workers’ compensation, and it gives you important rights. Here’s better news—your employer likely doesn’t pay for workplace injuries out of its pocket. They’re paid for by an insurance policy.
HERE'S MAYBE THE BEST NEWS EVER: You do NOT have to prove your employer did anything wrong to cause your injury. All you've got to prove is you got hurt at work.
Now to what injuries are covered.
Injuries Covered by Workers’ Compensation
Luckily, the harder question is what injuries aren’t covered by workers’ comp. Heck, sometimes it even covers a company kickball game. Basically, if you get hurt while working, your injuries should be covered. But you need to act now to protect your rights because you’ve got a legal deadline to meet—or you lose your rights.
The law has exceptions, so let’s look at some.
Injuries Not Covered by Workers’ Comp
Workers’ comp won’t cover certain situations in South Carolina. But some of these have exceptions that can get you benefits, so if you think you’re not covered, contact an experienced workers’ comp attorney to make sure.
Here are injuries that often don’t qualify for benefits:
- Most heart attacks—but there are exceptions.
- Falls caused ONLY by an internal failure of your body, like if you faint or your leg gives out for no reason. Even then, if the workplace makes it worse, you might get benefits.
- Going to or coming from work, but there are many exceptions to this. If you’re hurt on your employer’s property, it’s likely covered, and that includes the parking lot.
- Injuries when you’re considered an independent contractor. This can be a highly technical legal definition that can be overcome with the right facts and a good lawyer—even if you’re a stripper (that’s in the link above).
- Injuries caused by horsing around with co-workers or intoxication from alcohol or drugs. So if you get hurt during an alcohol-fueled wrestling match at work, don't expect benefits.
Legal Help Is Just a Click Away
If you’re a little overwhelmed, that’s understandable. This can be complicated.
That’s why I wrote a FREE BOOK to help folks like you with basic workers’ comp questions. If you need more help, fill out our Get Help Now form and you’ll get your questions answered.