Charleston, SC – Almost all employers are required to carry workers compensation insurance, and most legitimate injuries that occurred on the job will be covered as well. However, there are some rare situations where an injury will not fall under the category of problems covered by the workers compensation process. As a general rule, employees should be aware of the fact that workers compensation is meant to cover bona fide injuries that happen during working hours while the employee is engaged in their standard job duties. Injuries that do not fall into this category will likely not be covered.
Improper conduct at work
Employers will not want to cover activities such as arguments and fights between employees, as well as inappropriate behavior that might include fooling around with equipment or in workspaces. The employer will argue that these kinds of actions fall outside of the workers normal job duties, and there may be disciplinary action taken. The worker may be able to argue that the employer should still pay out benefits if they were aware of this type of conduct and allowed it to happen anyway.
Testing for use of drugs and alcohol
Some workers may be asked to take a test to screen for alcohol and illegal substances. If a worker was intoxicated while the injury occurred, they will likely not be eligible to receive any kind of compensation. Both the individual employer and the state workers compensation regulations probably have policies in place that restrict this kind of behavior. If the worker’s intoxication causes harm on the job, they may be punished in other ways as well aside from being denied workers compensation benefits.
Social events and off site issues
If employees attend any kind of meeting, social event, training session, or party that does not occur at the normal location where work is done, these problems will probably not be covered. However, there may be factual inquiries as to whether the employee was required to be at the event. If their presence was required, it can be argued that the event constituted a legitimate job related duty. It is also more likely that the employer will need to pay out workers compensation if a social event or training session happens in the company’s office or other normal workspaces. Similarly, accidents that happen driving to and from work or work related events is generally not considered an actual job duty.
Local attorneys are available to assist hurt workers
The Clekis Law Firm is an experienced group of workers compensation attorneys in Charleston. Anyone who has recently suffered from a work related injury can contact the firm to get help.
Firm contact info:
171 Church St., Charleston SC, 29401