According to the Act, the first requirement is referred to as the “legal causation” while the second refers to “medical causation.” Satisfying these requirements categorizes the stroke or heart attack as an accident which is the foremost requirement to fulfill under the standard Worker’s Compensation Act.
In South Carolina, the Worker’s Compensation Commission performs this test to judge what accidents are covered in most heart attack and stroke cases. For example, an employer would not be held responsible for an injury that occurred from natural causes. The injury must come from “unusual exertion or strain.”
In the court case Price v BF Shaw Company, a man passed away due to a coronary thrombosis while working and performing routine duties. The case went to the Supreme Court and the decision that unless the worker is performing a task out of the ordinary that causes unusual exertion or strain, it is not covered under the Workers' Compensation Act.
In most cases, someone that has heart disease and dies, or has a heart attack, is the result of natural causes more than from traumatic causes. That is why this test is used within the Act.
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.
