Charleston, SC – When someone is hurt at work, they may have to deal with a number of procedures to ensure that they are paid properly through the workers compensation system. However, there are also workers who try to take advantage of the system and they will not be paid for misconduct or exaggerated injuries.
Some workers try to abuse the system by intentionally getting hurt, along with faking or exaggerating injuries. There is usually a required medical examination by a local doctor that is chosen by the company to detect this kind of fraud so that illegitimate claims will not be paid out. The worker must suffer from a bona fide accident during normal working hours in order to be covered.
Arguments and fights between employees
If two workers get into a physical altercation or some kind of other improper behaviors that cause their injuries, this will not be covered. Workers should keep in mind that an employee needs to be engaged in their normal, regular job duties for their injury to be covered by the compensation system. If another worker causes bodily injuries, they may be attached as a defendant in a civil personal injury lawsuit or prosecuted criminally rather than filing a workers compensation claim.
Abuse of drugs or alcohol
Most employers have some kind of policy related to intoxication on the job, especially if machinery, driving, or heavy industry is involved. It is common for workers to have to submit to some kind of drug testing to ensure that they were sober when the accident happened. Any workers who fail a drug test after an injury will likely not be compensated and they may be disciplined further for violation of policies related to drugs and alcohol use.
Mental health problems
Workers compensation may only cover problems such as post traumatic stress disorder or depression if a work injury was the initial source of the problem. Any kind of mental health issues that did not have a work related physical injury as the underlying cause or a related cause will not be covered.
Questions about a particular incident
Because workers compensation can be a complex area of employment law and labor regulation, it is important for a person having issues with their employer and an injury to get the right kind of help. Some law firms focus exclusively on workers compensation claims to help employees with their claims.
The Clekis Law Firm has a group of experienced workers compensation attorneys who practice in the Charleston area. Anyone who needs to learn more about South Carolina’s laws related to work injuries can get in touch with the firm for assistance.
Firm contact info:
171 Church St., Charleston SC, 29401