An employee is entitled to compensation for injuries sustained when he fell on a wet sidewalk at housing supplied by his employer, the South Carolina Supreme Court has ruled in reversing trial court.

The plaintiff, who is a legal resident, was recruited as a seasonal worker and moved from Florida to South Carolina to work in a tomato packing house.

He signed an employment contract and was driven by the crew leader to on-site housing that was provided for migrant workers. After he put his clothing in a room, he went outside for a walk. He was exiting the building when he fell on a wet sidewalk.

The plaintiff was hospitalized with a fractured ankle. He then filed a claim for workers' compensation.

Both the workers' compensation commission and a trial court concluded that his accident did not arise out of the course of his employment.

But the supreme court disagreed.

"It is clear ... that [the plaintiff] was required, not by contract, but by the nature of his employment, to live on-site near the packing facility as there was no reasonable alternative and virtually all of the workers at [the plant] lived in the housing provided by their employer. The employer absorbed the expense of housing the workers as the cost of doing business and to further its business, as it was convenient to have all of the workers ready to begin work at the same time ...

"[Further, the] accident occurred as a result of a hazard that existed on the employer's premises, i.e. [the plaintiff] slipped and fell on a wet sidewalk just outside the employees' housing facility," the court said.

It cited similar rulings from Florida, New Mexico and Oregon.

South Carolina Supreme Court. Pierre v. Seaside Farms, No. 26777. Feb. 16, 2010. Lawyers USA No. 993-1672.