Man Injured in Team-Building Kickball Game Entitled to Workers’ Compensation
Fort Mill, SC Personal Injury Lawyer
The South Carolina Supreme Court ruled in favor of providing an injured worker with workers’ compensation coverage for injuries he suffered in a company kickball game. The worker was employed by a marketing and public relations firm. During one of his meetings with his managers, they indicated the importance of team-building events, and the worker suggested a kickball game. His supervisor approved the idea and authorized company funds for the event. During the game, the worker shattered his tibia and fibula and had to be taken away in an ambulance. The worker will have a knee replacement, according to the court’s decision.
Compensable Work Injury
Generally, South Carolina’s Workers’ Compensation scheme will provide compensation to workers who suffer from injuries arising out of and in the course of their employment. This also includes those who develop illnesses related to their occupation resulting from exposure to the workplace environment. A showing of fault is not required — employees must only show that the injury or illness took place in the workplace or bore a relation to the work being performed. Compensation may include payments for medical care, compensation for lost wages, and compensation for permanent disabilities.
Non-compensable Workplace Injuries
There are certain types of injuries that are excluded from workers’ compensation. If an employee either refused to wear safety equipment, was intoxicated, or intentionally injured himself or herself, then no compensation may be payable. Additionally, stress that causes mental injury may not be compensable if an employee fails to prove that the stressful employment conditions that caused the mental injury were unusual as compared with the normal conditions of the workplace and the stress was not the result of something incidental to the normal course of employer-employee relations. This includes events such as disciplinary actions, work evaluation, transfers, promotions, or termination. Additionally, a mental injury may also be compensable if it was induced by physical injuries in the workplace.
A heart attack, cerebral bleeding, or other injury to the blood vessels may be compensable if the event was induced by unexpected strain or overexertion in the performance of an employee’s duties or by workplace conditions that are out of the ordinary. If the event was caused by ordinary work exertion that is normally required without any other unusual events, then it may not be compensable.
In this case, the South Carolina Supreme Court ruled that the worker’s kickball injury was a compensable injury. Testimony was given at trial that showed his supervisor considered it required for the employee to attend the game as a team-building activity. As such, his injury arose during the course of his employment and, therefore, it was compensable.
Determining whether an injury is compensable as an employment-related injury under South Carolina’s Workers’ Compensation statute is a fact-intensive, complex process. if you believe you should be entitled to workers’ compensation, the attorneys at Bice Law, LLC can help you pursue your claim. Contact us today for a free initial consultation.
Contact the Personal Injury Law Firm of Bice Law
The personal injury firm of Bice Law will examine your case to determine the type and amount of damages that your injury warrants, including payments for medical expenses, lost income, pain and suffering, and any permanent disability. We’ll determine whether an out-of-court settlement or trial is the best strategy to obtain maximum benefits for you or your family. If you have suffered injury or harm because of someone else’s actions, take the first step to protect your legal rights – contact the personal injury firm of Bice Law serving both North and South Carolina. You only have a limited time after your injury to file a claim, so act quickly. Call 877-BICE-877 today or submit an online request to get a free consultation with a personal injury attorney. We serve families across both North Carolina and South Carolina.