Arising out of:
The injury arises “out of” the employment when there is apparent to the rational mind, upon consideration of all the circumstances, a causal connection between the conditions under which the work is required to be performed and the resulting injury. Carter v. Penney Tire & Recapping Co., 200 S.E.2d 64 (1973). However, like with everything, there are exceptions to what may be considered compensable.
Physical defects that simply manifest themselves at work are not compensable. (Worker has a bad knee and it gives way at work – not compensable unless it can be shown that the work activity caused the knee to give out like slipping on something).
Stress arising out of and in the course of employment unaccompanied by physical injury is not considered compensable if it results from any event or series of events which is incidental to normal employer/employee relations including, but not limited to, personnel actions by the employer such as disciplinary actions, work evaluations, transfers, promotions, demotions, salary reviews, or
terminations, except when these actions are taken in an extraordinary and unusual manner.
“In the course of Employment”
Even if you are not in the work place, if the activity is a requirement of the job, then it’s compensable. (Example Going to a or at conference for the job).
Parking Lot Cases on Job Premises: Employment isn’t exclusively the doing of work, but reasonable margin of time and space is necessary in accessing the work place. Circumstances have to be taken into consideration, but areas controlled by employer or necessary for accessing employment are subject to falling into the course of employment. (Example: Mary Jo works in a large hospital and parks her car 2 blocks away in a garage. The garages are connected to the hospital by crosswalks and Mary Jo slips in a puddle on the crosswalk. This isn’t in her building, but it is a common area of the facility. She should be covered once reporting the injury.)
Assault on the Job is covered if the assault is related to work activity, but not if it’s a “purely personal transaction”. (Example of no coverage: Jane & Sarah fight at work because they find out they are dating the same man ➔ not covered under the act. Example of coverage: Jane and Sarah fight at work because Sarah stated she is tired of Jane’s tone of voice talking to her and she embarrassed her in front of customers. Jane’s injuries would be covered, but as the aggressor, Sarah’s would not be covered). There is an aggressor defense on assault cases. If there is a job assault, but it’s determined the person seeking benefits was the primary aggressor, benefits will be denied. If you have been hurt and aren’t clear if your situation qualifies for coverage, please call Spann Wilder Law, LLC at (843) 266-7792 or 1-800-866-3830.
