Some workers have no problem filing a workers’ compensation claim. Others are hesitant to file a claim out of fear of retaliation. Still, others never file a perfectly valid claim because they don’t understand the program. They don’t understand their rights.
A worker’s confusion about their rights under South Carolina’s workers’ compensation laws usually stems from one of the following concerns: they don’t think they’re covered because they are at-fault, or they don’t think they’re covered because though work-related, they sustained an “off-site injury.”
For the purpose of this post, we’re going to dive into the second issue – offsite injuries. If you have questions about the first concern, we recommend reading, “Can I File a Workers’ Comp Claim if I’m at Fault?”
Was Your Injury Covered?
According to the South Carolina Workers’ Compensation Commission, “Every South Carolina employer and employee, with certain notable exceptions, is presumed to be covered by the State’s Workers’ Compensation Act.”
The Commission continues, “An employee may expect compensation for personal injury or death by accident arising out of and in the course of his or her employment.” The key words here are: “in the course of his or her employment.”
If a worker is injured while off-site but during the course of his or her employment, they should be entitled to workers’ compensation benefits. Here are some examples of how a worker can sustain an off-site injury while working:
- A salesman is in a car crash while driving to a prospect’s office.
- A construction worker falls off of a customer’s roof.
- A delivery driver is bitten by a customer’s dog.
- A marketing professional is attacked while attending a conference for her job.
- A plumber is caught in a domestic violence dispute and shot by a customer’s husband. Typical case of being at the wrong place at the wrong time.
- A young woman dressed as a princess is sexually assaulted at a private residence just after performing at a child’s birthday party.
If you were injured in an off-site accident while performing your job-related duties, it should not bar you from receiving workers’ compensation benefits. However, if your employer or their insurance company is trying to deny your claim because they say it “wasn’t work-related,” but it was, you need a Columbia workers’ compensation attorney fighting in your corner.
Contact Masella Law Firm, P.A.today at (803) 938-4952.