After a workplace injury, you’re likely eligible to receive workers compensation benefits to cover the costs of your lost wages and medical bills. But what do you do when you get injured in a car accident that’s somehow related to work? Are you still able to file a workers compensation claim for your injuries? According to the South Carolina coming and going rule, you may not be.
What is the South Carolina coming and going rule?
The South Carolina coming and going rule is applied to workers compensation benefits and prevents employees from claiming benefits for injuries that occur when they are coming to or going home from work. According to South Carolina workers compensation laws, employees are eligible for workers compensation benefits that occur within scope of employment. The argument that many people have is that the commute “coming and going” to work isn’t covered since employees aren’t technically being paid during that time.
Going against the South Carolina coming and going rule
There are many circumstances with the South Carolina coming and going rule isn’t absolute. There are a few cases where you could still claim workers compensation benefits for injuries sustained during your commute, including:
- If you were hurt in a company vehicle: if you drive a company vehicle to and from work, your car accident injury could be classified as work-related since you were injured in company property
- If you were injured while trying to run work-related errands: if you’re given a work-related task to do on your way to or from your workplace and you’re injured while trying to complete that task, you could be compensated
- If your work requires to travel on routes that are dangerous or hazardous in order to get to your job site: if the road you’re forced to take to and from work is dangerous and you’re injured on it while trying to get to work or back home from work, you may be eligible for workers compensation
- If the injury occurred close to your workplace: if you’re injured in the parking lot or in a walkway leading to your job site, you could be an exception to the South Carolina coming and going rule
If you’re curious as to whether or not the South Carolina coming and going rule applies to your case and could prevent you from filing for workers compensation benefits, contact The Clardy Law Firm. Our experienced workers comp attorneys are standing by to help answer your questions and get you the compensation you deserve for your injuries and damages.
