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. If you’ve experienced an unexpected workplace injury, consulting experienced workers’ compensation lawyers can help determine whether your situation qualifies under South Carolina law.
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. Workers’ compensation lawyers can help you understand how case law may affect your eligibility and guide you in gathering the necessary documentation to support your claim.
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 Work injury may be caused by accidental causes or from “oversight and negligence, carelessness, fatigue, or miscalculation of the effects of voluntary action.”
With seven office locations in Myrtle Beach, North Myrtle Beach, Conway, Mt. Pleasant, North Charleston, Murrells Inlet and Charleston and over 30 years of experience with personal injury cases. Derrick Law Firm Injury Lawyers has the knowledge, skill and experience to protect you and your family.
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