Some of the most stressful questions that come up after an accident center around finances. How will I pay for my medical bills? How will I cover my household expenses while I’m out of work? And so on, until the questions become nearly unbearable.
Luckily, two words can help ease those overwhelming questions about your workplace accident: workers’ compensation.
Workers’ compensation provides benefits and coverage to those who suffer a work-related injury, including medical bills and lost wages.
So, what happens when you get injured in a car accident that’s work-related? Are you still able to receive the benefits of workers’ compensation?
According to the South Carolina “Coming and Going” rule, you might not.
What is the “Coming and Going” Rule?
In South Carolina, the “coming and going” rule bars employees from claiming workers’ comp benefits for injuries sustained while traveling to or from work.
In short, if you’re not “on the clock” when the accident occurs, you are not eligible to receive workers’ compensation.
Exceptions to the Rule
While the “coming and going” rule sounds fairly straightforward, different circumstances can create a unique opportunity for an exception.
Here are some circumstances where you might be able to file a workers’ compensation claim if you were injured while going to or coming from work:
Running an Errand
Imagine you’ve just clocked in and realized you’re out of coffee creamer. If you decide to head to the corner store on your own whim and get injured, you likely won’t be eligible for workers’ compensation.
However, the situation changes if your boss specifically asks you to run that errand. In this case, you may be eligible for benefits because you are acting under company direction.
The special errand exception applies if:
- You’re not at your workplace when you are injured
- You are on your way to carry out a task on behalf of your job, or are heading home after carrying out said task
- The task itself is not something you normally do and is not for your own benefit
Hazardous Travel Conditions
If your workplace requires you to travel on hazardous or dangerous roads to reach the jobsite, you may be eligible for workers’ compensation if you get injured while “coming and going.”
Using a Company Car
If you are injured while driving or traveling in a vehicle provided by your employer or receiving compensation for your travel time and mileage, you may be eligible for workers’ comp.
Workplace Proximity
If the injury occurred close to your workplace, such as in the parking lot or on a sidewalk/path on the property, you may be eligible to file a claim and receive coverage.
On-Call
If your job requires you to be available outside normal business hours and you are called in, the coming-and-going rule may not apply if you are injured on the way to or from work.
What to Do If You Were Injured Coming From or Going to Work
If you were hurt on the way to or coming from work, don’t get discouraged – just leave it to Hoffman Law Firm.
As the leading law firm for workers’ comp in Charleston, our team understands not only the laws surrounding workers’ compensation benefits and coverage, but also the exceptions. Even if you believe you may not be eligible for benefits due to the “coming and going” rule, the help of a workers’ compensation lawyer near you could prove invaluable and highlight an exception that may have gone unnoticed.
When you are injured on the job, it helps to have someone you trust on your side, fighting for your right to compensation.
With offices located in Charleston and Georgetown, our team proudly advocates for accident victims throughout the Palmetto State. As the locals’ trusted personal injury law firm, we have extensive experience handling a wide range of cases.
We have established a reputation for success and excellent service! Schedule your free consultation with a workers’ comp lawyer in Charleston today!
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Viewing this page does not create an attorney-client relationship. Past results do not guarantee future outcomes. Attorney advertising. Hoffman Law Firm is licensed in South Carolina.
