Charleston, SC – When someone is injured on the job, they will be compensated while they recover as long as some basic requirements are met. Their payments must come through the workers compensation system. One of the most important inquiries regarding whether the person will be eligible to be paid or not is whether they were engaged in their standard job duties when the injury happened. A person who was not actively working while they were hurt is not eligible for workers compensation benefits.
Routine job duties
Normal job duties have generally been interpreted as any task that would be completed by the worker during a normal shift. This also means any kind of work that is normally done or would be expected of the employee by the employer during their working hours. Another crucial part of the analysis is whether the work is done at the employer’s direction. Because workers who do things like get into fights or altercations with others did not do so as a part of the employer’s directions, then compensation would not be available. If someone is commuting to or from work at the beginning or end of the day and gets into an accident, this has also not been considered to be a standard job duty in most cases. However, travel between job sites during a workday may be considered necessary and a normal part of the job for some workers.
There may be an additional analysis for temporary workers and independent contractors, as their employment will not be considered regular under certain criteria.
Other steps in verifying a workers compensation claim
There are several safeguards and forms of verification in place for this process, as employees who fake injuries and insurance fraud are legitimate concerns.
The claim may be reviewed by an adjuster after it is submitted for compliance with the active policy. A doctor employed by the insurance company that provides coverage for the employee’s business may also need to examine their injuries to see if they are legitimately hurt and their ability to work is affected. Another analysis may be whether the worker’s injury is severe enough to limit their ability to work as normal. There can be situations where a worker is deemed able to return to their job, but only work in limited capacity that avoids strenuous labor.
Legal advice about workers compensation cases
The Clekis Law Firm is an experienced group of workers compensation attorneys who practice in the Charleston, South Carolina area. Whenever a local worker is hurt on the job, they can contact the firm to get advice about how to proceed with their claim and other important issues.
Firm contact info:
171 Church St., Charleston SC, 29401