Question: My doctor said my work caused my back problem; my supervisor says if I didn't fall down or if nothing fell on me, then it wasn't an accident and I can't get help through workers' comp. Is this true?
Answer: In South Carolina, the word "accident" is defined in a way that isn't what we usually think of when we hear that word. Generally, for an injury or ailment to be covered by workers' comp, it has to be something caused by work activity that was not expected. It is not necessary to have something fall on you or for you to fall; sometimes injuries happen over a long period of time. By all means, give notice and file a claim within the necessary time frame.
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Questions & Answers on this blog are not specific legal advice. See note on right.
What to know, what to do if you get hurt at work.
WELCOME
Welcome! Do you have a question about getting hurt at work? Post your question and we'll try to answer your question or point you in the right direction. Questions and answers on this blog are not specific legal advice for you. It is always wise to consult a lawyer who specializes in workers' compensation. This blog is simply a resource of general information, which we hope will be helpful.
Sherry Shealy Martschink
Former SC Workers' Compensation Commissioner *** Mediation of Workers' Compensation Issues
About Sherry & this blog
Sherry Shealy Martschink served 12 years as SC Workers' Compensation Commissioner, one of the longest serving commissioners in recent history. She also served as vice chair of the Commission. Sherry received certification in International Commercial Arbitration for coursework at Johannes Kepler Universitat in Linz, Austria.
Sherry has been a popular speaker throughout the United States, including serving on numerous panels relating to workers' compensation issues. She is a former member of the SC House of Representatives and of the SC Senate.
Sherry has been a popular speaker throughout the United States, including serving on numerous panels relating to workers' compensation issues. She is a former member of the SC House of Representatives and of the SC Senate.
THE BASICS
If you get hurt at work, you have 90 days in which to give notice to the correct person.
You have two years to file a claim with the SC Workers' Compensation Commission.
You have two years to file a claim with the SC Workers' Compensation Commission.
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