Generally speaking, workers’ compensation in most states—including South Carolina—does **not** cover injuries that occur during your regular commute to and from work. This principle is known as the “going and coming” rule.
The reasoning behind this rule is straightforward: your employer typically doesn’t control your commute choices, route, or transportation method. You’re not considered “on the clock” or performing work duties during your standard commute.
However, there are exceptions to this rule. Keep reading for more from our Greenville car accident lawyers.
Important exceptions to know
However, several important exceptions to this rule may allow you to receive workers’ compensation benefits for commuting injuries.
1. Travel as part of your job
If driving or traveling is an essential part of your job duties, injuries sustained while doing so may be covered. This applies to:
- Delivery drivers
- Traveling salespeople
- Home healthcare workers traveling between clients
- Workers required to travel between multiple job sites
2. Special missions for your employer
If you’re running an errand or performing a task for your employer during your commute, this may be covered. Examples include:
- Picking up supplies on your way to work at your boss’s request
- Dropping off company mail on your way home
- Attending an offsite business meeting
3. Company transportation
Injuries that occur while using employer-provided transportation may qualify for coverage, especially if:
- Your employer requires you to use this transportation
- You’re traveling on a company vehicle or shuttle
- The transportation benefit primarily serves your employer’s interests
4. Employer-owned premises
Injuries that happen in parking lots, walkways, or other areas owned or maintained by your employer may be covered, even if you haven’t technically started your workday yet.
5. Traveling employees
If your job requires you to travel away from your home community, many injuries during this travel period may be covered, as your entire trip could be considered work-related.
South Carolina-specific considerations
South Carolina generally follows the standard “going and coming” rule but recognizes most of these exceptions. Additionally, South Carolina courts have sometimes found coverage when:
- An employee was on call and responding to a work request
- The employee was required to use a personal vehicle for work purposes
- The employer substantially controlled the conditions of the commute
What to do if you’re injured during your commute
If you’re injured while traveling to or from work, take these important steps:
1. Seek immediate medical attention for your injuries
2. Report the incident to your employer as soon as possible
3. Document all details of the incident, including how it relates to your work
4. Consult with a knowledgeable workers’ compensation attorney
Why legal expertise matters
Workers’ compensation cases involving commuting injuries often fall into complex legal gray areas. At Smith Jordan Law, we understand the nuances of these claims and have successfully helped many clients navigate exceptions to the “going and coming” rule.
Our experienced attorneys will carefully analyze your specific situation, looking for any factors that could qualify your commuting injury for coverage. We’ll advocate vigorously on your behalf if your claim is denied or contested by your employer’s insurance company.
Don’t leave benefits on the table
While commuting injuries generally aren’t covered by workers’ compensation, the exceptions are significant and numerous. Many valid claims are initially denied because workers aren’t aware of these exceptions or don’t know how to properly document the work-related aspects of their commute injury.
At Smith Jordan Law, we believe you shouldn’t have to navigate this complex legal terrain alone. Our dedicated team can evaluate your case, explain your options in clear language, and help you pursue the benefits you deserve if your situation qualifies under one of these important exceptions.
When your financial security and recovery are at stake, having knowledgeable legal representation can make all the difference. Contact Smith Jordan Law today for a consultation about your specific circumstances.