“Employee” Defined Under South Carolina Workers Compensation Law

The South Carolina Workers’ Compensation Act (the “Act”) defines “employee” as “every person engaged in an employment under any appointment, contract of hire or apprenticeship, express or implied, oral or written…, but excludes a person whose employment is both casual and not in the course of the trade, business, profession or occupation of his employer…”  Further, the Act defines “employment” to include “employment by the State, all political subdivisions thereof, all public and quasi-public corporations therein and all private employments in which four or more employees are regularly employed in the same business or establishment.

Next, the Act also deals with legally and illegally hired aliens, minors, and certain prisoners injured while in private employment.  In Curiel v. Environmental Management Services, the Court held that the federal Immigration Reform and Control Act of 1986 (IRCA) did not preempt state law to preclude benefits under the Act.  The Act was amended in 1976, to allow sole proprietors and partners of a business whose employees are eligible for benefits to elect to be included as employees if (1) they are actively engaged in the operation of the business and (2) they notify the insurer of their election.

Third, State officers and employees are also specifically covered unless they are on the General Assembly, or appointed by the Governor.  Officers and employees of municipal organizations and political subdivisions of the State will be included minus those who are (1) elected by either the people, council, or other governing body of the municipal corporation or political subdivision; (2) who serve in strictly administrative capacities, and (3) who serve for a definite term of office.

Finally, the definition of the term “employee” also includes members of the State and National Guard while they are “performing duties in connection with the membership except duty performed pursuant to Title 10 of the United States Code.  And, the only employees who are exempt from the Act are listed in Sections 42-1-360 and 42-1-370, and they may elect to come under the Act, and later may chose to withdraw.  To withdraw however, the employer may give notice in writing to the Commission or to his insurer who must then give notice to the Commission.

Therefore, these little idiosyncrasies can affect how one is classified under the Workers’ Compensation Act in South Carolina.  This is why it is so imperative that when you have a WC claim, to find lawyers who have been in the game for over 20 years.  At Reeves, Aiken & Hightower, LLP, we have the experience necessary to succeed in a workers’ compensation claim.  So, if you or a loved one has a question, call our Baxter Village office in Fort Mill, South Carolina to schedule a consultation.  You can reach us at 803-548-4444, or toll-free at 877-548-5999.  We will be happy to assist you in any way we can.

South Carolina Workers Compensation: Occupational Diseases

Chapter 11 of the Workers’ Compensation Act addresses the various occupational diseases.  An “occupational disease” is defined as the following:

“a disease arising out of and in the course of employment which is due to hazards in excess of those ordinarily incident to employment and is peculiar to the occupation in which the employee is engaged.  A disease shall be deemed an occupational disease only if caused by a hazard recognized as peculiar to a particular trade, process, occupation or employment as a direct result of continuous exposure to the normal working conditions of that particular trade, process, occupation, or employment.”

Often, there is no single incident to attribute the injury to; consequently, the South Carolina Legislature distinguished occupational diseases from injuries by accident, and has dedicated a chapter in the code to such diseases.  In many respects, occupational diseases resemble injuries by accident.

The six elements of occupational disease claims are as follows:

1. A disease;
2. The disease must arise out of and in the course of the claimant’s employment;
3. The disease must be due to hazards in excess of those hazards that are ordinarily incident to employment;
4. The disease must be peculiar to the occupation in which the claimant was engaged;
5. The hazard causing the disease must be one recognized as peculiar to a particular trade, process, occupation, or employment; and
6. The disease must directly result from the claimant’s continuous exposure to the normal working conditions of the particular trade, process, occupation, or employment.

Next, there are certain impairments that are not categorized under occupational diseases. A disease will not be considered an occupational disease when:

1. It does not result directly and naturally from exposure in this State to the hazards of peculiar to the particular employment;
2. It results from exposure to outside climatic conditions;
3. It is a contagious disease resulting from exposure to fellow employees or from a hazard to which the workman would have been equally exposed outside his employment;
4. It is one of the ordinary diseases of life to which the general public is equally exposed, unless such disease follows as a complication and natural incident of an occupational disease or unless there is a constant exposure peculiar to the occupation itself which makes such disease a hazard inherent in such occupation;
5. It is any disease of the cardiac, pulmonary or circulatory system not resulting directly from abnormal external gaseous pressure exerted upon the body or the natural entrance into the body through skin or natural orifices thereof or foreign organic or inorganic matter under the circumstances peculiar to the employment and the processes utilized therein; or
6. It is any chronic disease of the skeletal joints.

Because it is so easy to confuse what constitutes an occupational disease, it is important to retain competent representation to help define what your condition is under South Carolina law.  At Reeves, Aiken & Hightower, LLP, we have handled many workers compensation cases, and we understand how these conditions are to be defined.  For a consultation, visit us at our Baxter Village office in Fort Mill, South Carolina at 803-548-4444, or toll-free at 877-374-5999.  We will be happy to assist you.

Worker Dies as a Result of Falling into Machine: South Carolina Workers’ Compensation

A South Carolina worker has been killed as a result of a workplace accident which caused him to fall into a stamping machine, at a manufacturing plant.  The 60-year-old man was working on the machine in Williamston, SC when he lost control of where he was standing, falling into the machine.

According to the Stanco Metal Products plant manager, the machine did have safety features attached.  However, it is unknown whether the mechanics were working at the time of the accident.  The question is why the safety features did not activate when the man was so close to the machine.  OSHA will make the determination as to whether the safety features were operating properly.

This is not the first accident at the South Carolina plant.  In 2007, a worker fell from a scissor lift as he was working on the power lines.  The company was fined for this circumstance.

In South Carolina, workers’ compensation is contained in the insurance policy your employer must carry in order to ensure that the employees injured at work can obtain necessary medical treatment and needed financial help in the time after an injury has occurred.  Further, by law, every South Carolina employer with four or more full-time employees must have workers compensation insurance.

If you or a loved one has suffered a work related injury, contact the law offices of Reeves, Aiken & Hightower, LLP.  To schedule a consultation, call our Baxter Village office located in Fort Mill, South Carolina at 803-548-4444, or toll-free at 877-374-5999.