Are they covered under Workers’ Compensation?
In the case at hand, a migrant worker was injured when he fell on a wet sidewalk at housing supplied by his employer. The bunkhouse rule was argued and the rule acknowledges that there are circumstances when it is necessary for the employee to live in housing provided by their employer in order to complete their job. The migrant worker and others resided in housing provided by their employer.
The South Carolina Workers’ Compensation Commission denied the claim. However, the South Carolina Supreme Court ruled that the worker was entitled to Workers’ Compensation benefits due to the bunkhouse rule and the testimony of the company’s president, which stated that his business could not operate if he did not provide the housing.