WORKERS’ COMPENSATION LIABILITY FOR INFECTIOUS DISEASES STATE BY STATE


SOUTH CAROLINA

Infectious diseases are compensable pursuant to the following rule: “An external infection, which has been distinctly traced to a definite point of contact, such as a scratch or abrasion, and to a definite time, being of an unusual nature and generally happening suddenly or unexpectedly, is generally held to constitute an accident, or an injury by accident, within the meaning of the act.” Alewine v. Tobin Quarries, Inc., 206 S.C. 103, 33 S.E.2d 81 (1944).

Alewine v. Tobin Quarries, supra, 206 S.C. 103, 33 S.E. (2d) 81: There the employee was required by the employer to submit to a smallpox vaccination before he entered upon his work. Infection resulted, causing the employee's death. The facts disclosed that the employer directed that the vaccination be taken and that it was to the benefit of the employer that such be done. Compensation was allowed, the court holding that the infection of the vaccination wound was an accidental injury which arose out of and in the course of employment.



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