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When businesses offer workers' compensation

Employers in South Carolina and other states have certain responsibilities when their employees get injured while on the job. Most businesses are required to have workers' compensation insurance so that a worker receives part of their regular salary while recovering from a workplace accident.

An injury must be work-related to gain benefits from an employer, and this typically refers to something that happens while at work or when doing something for the job like attending a company event. Employers might be responsible for costs dealing with both mental and physical injuries as long as they happened as a result of the employee's work.

Knowing whether the employee is technically working or not can be confusing as lunch breaks generally do not count. However, one could file a claim if injured in the workplace cafeteria or at a company-sponsored function during lunch. A worker who is on the clock but injures oneself while messing around could still receive compensation. Even preexisting conditions might qualify for compensation if one's job causes the condition to become worse.

Someone must be considered an employee to receive benefits for workplace injuries or illnesses. Workers who may not be covered include independent contractors, undocumented workers, seasonal workers, agricultural workers, housekeepers and nannies. If an independent contractor suffers a work-related injury, this person could seek some recompense from an employer through arbitration.

An injured worker might need to consult with an attorney before accepting workers' compensation in order to better understand their situation. One cannot seek restitution in court when accepting compensation, and one may not be able to get more assistance if their injuries become more serious.

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Smith & Griffith, LLP
1102 North Main Street
Anderson, SC 29621

Phone: 864-261-1571 (Personal injury)
Phone: 864-261-1912 (Workers' compensation)
Fax: 864-222-2257
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