When we think of someone getting hurt on the job, we typically think of a physical injury to the body. Someone may fall or injure their back. The possibilities are endless. But what if you are injured mentally from an extraordinary circumstance at work? Is a mental injury covered under Workers' Compensation in South Carolina?
The South Carolina Workers' Compensation Act says that if an employee incurs mental injuries that are brought on by “emotional stimuli or stressors” that occur in the workplace, their injuries may be covered in addition to a physical injury.
Mental injuries are compensable if they are “induced by physical injury…or by unusual or extraordinary conditions of employment.” This test is used in other cases of injury that occur at work, like a heart attack or stroke. This means that stress that occurs from normal working conditions is not covered.
Therefore, if mental injury is caused by stress from an event or group of events that are standard conditions of employment, the injury will not be covered. Some standard events that are not considered extraordinary causes of stress include, but are not limited to: “work evaluations, transfers, promotions, demotions, salary reviews, or terminations, except when these actions are taken in an extraordinary and unusual manner.”
Have You Been Injured On The Job?
If you've been hurt at your job you can speak with a workers' compensation lawyer. Please contact us online or call our Charleston, South Carolina office directly at 843.488.2359 to schedule your consultation. We are also able to meet clients at our Conway, Myrtle Beach, Murrells Inlet, Mt. Pleasant, North Myrtle Beach or North Charleston office locations.