What is considered an Accident?

      When a worker is injured on the job, it is usually from an accident.   The meaning of an accident can be described in several ways; however, the most basic definition is when a voluntary action results in an injury or death.

            The act that causes the injury or death is not typically deemed dangerous and is usually done without serious consequences. The consequences are not to be expected and do not typically occur.

            In Hiers v Brunson Construction Company, the court ruled that if a worker becomes sick on the job from natural causes, the illness is not accidental because it occurred as a natural result of something unrelated to the job. Something like catching the common cold is deemed a normal occurrence and cannot be blamed on the worker’s employment.

            If a worker previously has a disability or condition that becomes worse or is directly caused by an unexpected act, the illness may be considered an accidental injury.

            The South Carolina Court of Appeals described the term “accident” as an unforeseen event that is not expected by the injured worker. The injury may be caused by accidental causes or from “oversight and negligence, carelessness, fatigue, or miscalculation of the effects of voluntary action.”       

            While most injuries on the job are mild, if you are seriously injured, call Conway Worker’s Compensation Lawyer, Dirk Derrick of The Derrick Law Firm. Mr. Derrick has been serving clients in the Conway area for over 25 years. For your free consultation, please call 843-248-7486.

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