A Guide to Workers’ Compensation for Injured Hotel Workers in SC
Understand your rights and the steps to file a claim so you can maximize your compensation after an injury in Columbia
Hotel work in Columbia, South Carolina, is a vital part of our thriving hospitality industry. While our city welcomes guests from all over the world, our dedicated hotel employees ensure their stay is comfortable and memorable. However, the demanding nature of hotel jobs can sometimes lead to unexpected injuries or accidents on the job.
At Smith, Born, Leventis, Taylor & Vega, our Columbia work injury attorneys understand the challenges that injured hotel workers face, which is why we think it’s crucial for you to know your rights and responsibilities when it comes to workers’ compensation. This article is specifically crafted for you—the hardworking individuals who make Columbia’s hotels run smoothly.
Because your well-being is our top priority, we encourage you to reach out for a free consultation if you suffer an injury or illness at work so we can help you get the compensation you deserve.
What is the most common injury in the hospitality industry?
Hotel workers encompass a diverse range of job roles, including front desk staff, housekeepers, porters, servers, chefs, waiters, bartenders, maintenance staff, and security, all of which come with unique risks and potential injuries.
Perhaps the most common injury for workers in the hospitality industry is musculoskeletal disorders (MSDs). MSDs encompass a range of conditions that affect the muscles, tendons, ligaments, and other parts of the musculoskeletal system.
These injuries can result from various factors, including repetitive movements, awkward postures, falls and overexertion. In the hospitality industry, MSDs are particularly prevalent due to the physical demands of the job, such as lifting heavy objects, bending, and performing repetitive tasks.
Other common injuries in the hospitality industry include:
- Burns. Workers in kitchens and food preparation areas may suffer burns from hot surfaces, equipment, or contact with hot liquids and oils.
- Repetitive strain injuries. Employees engaged in repetitive tasks like typing, cleaning or food preparation may develop occupational diseases such as arthritis or tendonitis.
- Slip-and-fall injuries. Accidents caused by wet or slippery surfaces, uneven flooring, inadequate lighting, or cluttered pathways can lead to spinal cord injuries, broken bones, brain injuries and pulled muscles.
- Infections. Hospitality workers, especially those handling food, are at risk of contracting infections if proper hygiene and food safety measures are not followed.
- Chemical exposures. Workers using cleaning chemicals may experience skin irritations or respiratory issues if exposed without adequate protection.
- Electrical injuries. Maintenance staff and electricians in hotels may face electrical hazards that can result in injuries to their skin and internal organs.
- Assaults and violence. Workers in the hospitality industry, especially those dealing with guests directly, may encounter aggressive behavior or physical violence, leading to both physical and emotional trauma.
- Cuts and lacerations. Handling sharp objects such as knives, broken glass, or kitchen utensils can lead to cuts and lacerations.
Do hotel workers qualify for workers’ compensation after an injury in SC?
In South Carolina, hotel workers are generally eligible for workers’ compensation benefits if certain criteria are met. Workers’ compensation is a system designed to provide medical care and wage loss benefits to employees who suffer injuries, illnesses or diseases related to their job.
Here are the key aspects of workers’ compensation eligibility for hotel workers in South Carolina:
- Coverage requirement. Employers in South Carolina with 4 or more employees are generally required to provide workers’ compensation coverage. This means that many hotels, especially larger ones, are obligated to have workers’ compensation insurance in place for their employees.
- Report the injury. Hotel workers must take certain steps to file a claim, including reporting any work-related injury or illness to their employer as soon as possible. South Carolina law requires that the injury be reported within 90 days, but it is best to do so immediately after the incident to ensure the right to compensation is protected.
- Employer’s responsibility. Once the injury is reported, the employer is required to report it to their workers’ compensation insurance carrier and the South Carolina Workers’ Compensation Commission. If the employer fails to do so, the injured worker may need to take additional steps to file a claim themselves, which can be done by submitting the necessary paperwork to the Commission.
- Medical attention. Hotel workers who suffer a work-related injury should seek prompt medical attention. It’s important to let the health care provider know that the injury is work-related. In non-emergency situations, the employer may direct the injured worker to see a specific doctor to be eligible for workers’ comp coverage.
- Work-related injury or illness. To qualify for workers’ compensation benefits, the injury, illness or disease must be directly related to the job. This means that it should occur during the course of employment and be a direct result of the work performed. For example, if a hotel worker sustains an injury while lifting heavy luggage, cleaning rooms or performing other job-related tasks, it would likely be considered work-related and eligible for workers’ compensation.
In case of any disputes or if a claim is denied, seeking legal advice from a workers’ compensation attorney is essential. An attorney can help injured workers understand their rights, navigate the claims process, and ensure that they receive the compensation they are entitled to under South Carolina law.
Understanding the Types of Workers’ Compensation Benefits
Learn about the different kinds of workers’ comp benefits you’re entitled to after a work-related injury, illness or disease.
Who is exempt from workers’ comp in South Carolina?
In South Carolina, workers’ compensation laws generally cover most employees, but there are some exemptions. Here are some categories of workers who may be exempt from workers’ compensation in South Carolina:
- Workers for employers with fewer than 4 employees
- Farmworkers and agricultural salespeople
- Independent contractors and gig workers
- Federal employees
- Railroad workers
- Casual employees
- Certain real estate agents
- Sole proprietors, partners in a partnership, and members of limited liability companies (LLCs)
Please note that workers’ compensation laws can be complex, and there may be exceptions or specific situations that impact coverage. Additionally, some exempt workers may be able to file a personal injury claim to recover compensation if they can prove that a third party, like an employer, contractor or manufacturer, caused their injuries. In such cases, you should contact a work injury attorney who can help you understand your legal options.
Tips for preventing hotel injuries
The Centers for Disease Control and Prevention (CDC) provides some tips for housekeepers to prevent injuries while working at a hotel. They include:
- Bend your knees when lifting or unloading items to prevent strain.
- Kneel on a cushioned surface, like a folded towel or pillow, to protect your knees.
- Use a mop (if available) to avoid kneeling while cleaning whenever possible.
- Make a full turn around the bed when cleaning, rather than standing on one side to remove sheets.
- Use only the cleaning products provided by your employer to ensure safety and consistency.
- Wear gloves when handling cleaning products to protect your skin.
- Ensure proper ventilation by opening doors and turning on the bathroom fan.
- Utilize long-handled cleaning tools to reach high areas without standing on tubs.
- Always keep both feet on the floor to maintain balance and prevent falls.
- Follow instructions listed on chemical products and avoid mixing different cleaning products for safety.
Looking for the best Columbia workers’ compensation attorney after a hotel injury?
At Smith, Born, Leventis, Taylor & Vega, we’re committed to assisting injured hotel workers throughout Columbia, South Carolina, get maximum compensation after a workplace injury.
If you’ve been injured on the job, don’t hesitate to reach out to our skilled team. We have the knowledge and expertise to guide you through the workers’ compensation process and help you secure the benefits you are entitled to for medical expenses and wage loss during your recovery.
Reach out to Smith, Born, Leventis, Taylor & Vega today for a free consultation, and let us be your advocates in obtaining the compensation and support you need to get back on your feet.
