Workers’ compensation may cover your slip and fall at work in South Carolina. In fact, slip and falls are a common cause of injuries on the job. (CDC, Traumatic Occupational Injuries).
Lawyer Robert “Bobby” Jones of Bobby Jones Law explains slip and fall workers’ compensation claims.
Workers’ Compensation for a Slip and Fall
Slip and falls are preventable workplace accidents, but they can cause serious, sometimes life-changing injuries. Any field of employment or workplace can produce a slip and fall accident. They may occur in:
- Construction
- Transportation, including working with motor vehicles or commercial drivers
- Healthcare, including doctor’s offices, hospitals, care centers, and rehabilitation facilities
- An office environment
- Working outdoors
- Retail establishments, restaurants, and warehouses
- Working in a trade with heavy equipment, machinery, and tools
- Sports, recreation, and entertainment centers
A fall may be the result of many contributing factors. Slippery floors, inadequate railings, and supports, or a lack of training and personal protective equipment are just a few of the factors that may contribute to a slip and fall in the workplace.
If you are hurt in a slip and fall at work, you may receive compensation. There are two common defenses that employers use to fight slip and fall workers’ compensation claims – the idiopathic injury defense and the coming and going rule.
Slip and Falls and the Idiopathic Injury Defense
Your employer may say: Your slip and fall isn’t covered because slip and falls just happen. It was idiopathic – you would have fallen no matter where you were.
An employer may try to deny coverage for a slip and fall at work in South Carolina by saying that a slip and fall is an ordinary danger. They may say that there was nothing unique or specific to work that was going on that made you fall. It just happened to you because of your own health or a medical condition, so they’re not liable — or at least that’s what they’re telling you.
In South Carolina, a slip and fall meets the definition of a work-related accident. South Carolina workers’ compensation focuses on the unexpected nature of the injury. The injured employee doesn’t have to show that an unusual event caused the injury. An injury occurring expectedly without a prior occurrence of an external event is an accident. See Colvin v. E.I. DuPont de Nemours Co., 227 S.C. 465 (1955).
However, idiopathic injuries are generally not compensable. To be idiopathic, an injury must be brought on by a purely personal condition that is unrelated to employment. In other words, the injury would have manifested itself anywhere. However, as the court pointed out in Barnes v. Charter 1 Realty, 411 S.C. 391 (2015), a claimant not being able to point to a specific cause of the fall doesn’t necessarily render an injury idiopathic. The idiopathic doctrine is strictly construed.
Slip and Falls and the Coming and Going Rule
Your employer may say: Your slip and fall isn’t covered because you weren’t on the job.
Another common way that employers try to fight slip and fall workers’ compensation claims is by saying that the person wasn’t on the job at the time of the accident. The defense is called the coming and going rule.
Generally, injuries that occur when a person is going to or coming from work are not covered. For example, if you’re leaving your house to walk to your vehicle or the bus stop to go to work, and you fall, you’re probably not covered by workers’ compensation.
However, there are scenarios where you can be away from your work site and still be covered by workers’ compensation. Traveling for work or running errands for work are two examples. Even driving a company vehicle or walking in from a parking lot your employer directs you to use may be covered as being within the scope of your employment. (See Shuler v. Gregory Electric, Op. No. 4039, 2005).
Lawyer for Slip and Fall Workers’ Compensation Claims
If you have been hurt in a slip and fall at work, Bobby Jones Law of Greenville can help. You may be just beginning your case or fighting denial of your benefits. Whatever your situation, we invite you to talk to our team. Call or message us now to begin.
