State Supreme Court Finds a Trip and Fall at Work Compensable

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Earlier this year, the South Carolina Supreme Court found in two separate cases that workers were entitled to compensation after falling down and being injured, overturning prior appeals courts’  decisions. The specific legal issue, according to a Bluffington Today news report, was whether or not the employee could receive workers’ compensation due to an injury that could have occurred anywhere, not just at the place of employment.

If you or someone you know has been injured at his or her workplace and is having difficulties collecting workers’ compensation benefits, contact a seasoned Anderson workers’ compensation attorney right away.

Workplace Fall Equates Workers’ Compensation

One of the cases appealed to the S.C. Supreme Court involved an administrative assistant who tripped and fell while walking down a hallway on her way to check a realtor’s email upon request, resulting in a broken femur, broken left humerus and a torn rotator cuff. The second case that was appealed to the highest court in the state involved a supervisor for South Carolina’s child protective services whose foot got caught on carpeting on her way to a work meeting, resulting in medical treatment for pain to her neck, left shoulder and left side.

In the first case, the workers’ compensation commissioner denied benefits because the employer was not to blame for the fall; the second claim was denied because the woman could have fallen anywhere. South Carolina’s Supreme Court rejected both arguments in unanimous decisions, noting the law required “nothing more” than a causal connection between employment and the injuries incurred.

Types of Workers’ Compensation Benefits

Workers’ compensation pays for all types of injuries, as long as they occurred during the regular course of one’s job. Different benefits are available when a claim is approved and includes, but is not limited to:

Medical care: this generally covers doctors visits, surgeries and medication. If equipment is necessary (such as a wheelchair or other assistive device) these costs will likely also be covered. For the most part, benefits cover generally acceptable medical practices although counseling, pain therapy and acupuncture can also be covered.

Rehabilitation: benefits for medical and therapeutic services (including physical therapy) needed to recuperate from an injury is also covered by workers’ compensation. Additionally, training and care needed to regain skills and abilities to return to the work force (including tuition) may also be included.

Disability: these benefits are intended to cover lost wages during the time in which the injury makes it impossible to work. These benefits include temporary disability (total and partial) as well as permanent disability benefits (total and partial).

Workers’ Compensation Help in South Carolina

A workplace injury can be a serious event that can have a lasting impact on your life and those that care about you. For this reason, it is important to rely on an Anderson workers’ compensation attorney who has trial and negotiation skills you know you can trust. The experienced legal professionals The Law Offices of Steven M Krause PA will mediate and litigate with skillful advocacy, seeking to ensure get the best outcome for your case. Our dedication to our clients is what sets us apart from the rest. Call us today to schedule your initial consultation.


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