Is my injury covered under Worker’s Compensation?

In your job, you may be required to complete routine tasks such as lifting heavy objects, tightening screws, typing extensively, etc… While these actions are routine, there may be a time when completing the task, you become injured.

Some employers have argued that those injuries are not covered under Workers' Compensation. They say the act that caused the injury was intentional, so the injury was not an accident.

The idea of an accidental result versus an accidental cause has been debated through many cases, but the courts have deemed an injury as an accident as long as the result of an action causes injury and was unforeseen as a consequence.

The Worker’s Compensation Act was intended to protect and partially compensate employees that are injured due to normal job duties.

In the case of Green v. City of Bennettsville, the court uses an example to describe instances that are covered through the act. “If a man lifts a heavy object, he intends to do just that. If he becomes injured from lifting the heavy object or whatever the task may be, the injury is an accident.”

In seeing the broad scope of what is defined as an accidental injury, one major stipulation still remains. An accident was previously defined as an unforeseen event. If a worker continues work that has previously caused injuries, completing that same work or act in the future may not be seen as compensable through Worker’s Compensation because they knew the results of completing the tasks before.

If you have been seriously injured on the job and need help obtaining benefits, contact Conway Workers' Compensation Attorney Dirk Derrick of The Derrick Law Firm. Mr. Derrick has been serving clients since 1991 and was voted Best Attorney by the readers of the Horry Independent and Myrtle Beach Herald since 2014.

The Derrick Law Firm serves the state of South Carolina and has office locations in Myrtle Beach, Conway, North Myrtle Beach, Charleston, North Charleston, and Mt. Pleasant.

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