In many cases, workers’ compensation coverage still applies to remote workers. The focus is not on the injury’s physical location, but whether it is connected to the employee’s job duties. As remote and hybrid work arrangements have become increasingly common across South Carolina, work-from-home injury claims have also become better defined under the state’s workers’ compensation system.
If you were hurt while working remotely, you may qualify for workers’ compensation benefits including medical care, partial wage replacement benefits, and rehabilitation costs, just like any other employee.
Our workers’ compensation lawyers will review your situation and explain your rights. Contact Joye Law Firm Injury Lawyers for a free consultation and practical guidance about your workers’ compensation claim.
On this page, we’ll discuss how South Carolina workers’ compensation laws apply to remote work injuries, including which injuries qualify and how injured workers can protect their claims.
Does an Employee’s Home Count as a Workplace Under Workers’ Comp Law?
Yes, in many situations it does. If an employer approves remote work or allows employees to work from home regularly, the employee’s home can become an extension of the employer’s premises. Courts recognize that modern employment often involves remote work.
When an employee works remotely, hazards encountered while performing assigned job duties may still qualify as workplace hazards. The same legal reasoning that applies to office injuries may also apply to a remote workspace.
This means workers’ compensation coverage can still protect remote employees who suffer injuries during work hours while completing assigned tasks.
How To Know If an Injury Is Work-Related While Working from Home
The key to workers’ compensation eligibility is that you are employed and your injury arose in the course of performing your assigned job duties.
South Carolina courts have said an injury arises out of employment when there is “a causal connection between the employment and the injury” (Nicholson v. S.C. Dep’t of Soc. Servs., 411 S.C. 381, 384, 769 S.E.2d 1, 3 (2015)). In this case, for example, an employee was hurt when she tripped and fell while walking to a work meeting. If not for the meeting required by her job, she would not have been in the hallway where she fell.
An injury occurs in the course of employment if it occurs “within the period of employment at a place where the employee reasonably may be in the performance of his [or her] duties and while fulfilling those duties” (Gibson v. Spartanburg Sch. Dist. No. 3, 338 S.C. 510, 517, 526 S.E.2d 725, 729 (Ct.App.2000)). In this case, a teacher was buying school supplies at a Walmart, indicating the court’s willingness to extend the place and period within which duties should be considered in the course of employment.
As for being at home when an accident happens, if an employer has agreed to a work-from-home arrangement, then the South Carolina Workers’ Compensation Commission and the courts will consider the employee’s home to be an extension of the workplace. The pro-employer Society for Human Resource Management (SHRM) advises its members that, “Courts have found that an employer’s lack of control over the conditions of an employee’s home-based work premises is irrelevant. When an employee’s home is also an employee’s work premises, it is often interpreted that the hazards an employee encounters when performing work at home are also hazards of his or her employment.”
Common Types of At-Home Work-Related Injuries
If you’re injured while you are engaged in a work duty at home, you may qualify for workers’ compensation benefits. Some examples of such accidents or injuries include:
- Tripping or slipping and falling while walking between your desk and the printer or to the door to accept or retrieve a work-related delivery
- Dropping a work-related delivery on your foot and fracturing a bone
- Cutting your finger or hand while performing garment work or other duties involving sharp instruments at home and suffering an infection
- Suffering a burn from hot coffee or tea spilled as you answered a phone call from a supervisor or co-worker
- Diminished vision from eyestrain due to continuous work in front of a computer screen in your home office
- Carpal tunnel syndrome suffered due to continuous work on a computer keyboard in your home office
Exceptions to Workers’ Compensation Eligibility While Working from Home
Most full or part-time employees qualify for workers’ compensation under South Carolina law. This includes undocumented workers and minors, whether lawfully or unlawfully employed.
Sometimes, an employer will try to avoid making workers’ compensation payments by claiming that a worker is an independent contractor and not actually employed by their company.
In South Carolina, the test for distinguishing employees from independent contractors is whether “the alleged employer has the right and authority to control and direct the particular work or undertaking, as to the manner or means of its accomplishment” (S.C. Workers’ Comp. Comm’n v. Ray Covington Realtors, Inc., 318 S.C. 546, 547 (1995)).
A worker may be considered an independent contractor only if he or she has the right and authority to control and direct the hours they work and to work in a manner of their choosing without the direction or control of a supervisor. Conversely, someone who is on the clock and directed as to how they perform their duties is likely an employee. Further considerations are:
- Method of payment (taxes are withheld from an employee’s pay)
- Furnishing of equipment (independent contractors supply their own tools and equipment).
By law, employers are not required to provide workers’ compensation insurance for:
- Casual employees
- Licensed real estate agents
- Agricultural employees
- Workers at companies with an annual payroll of less than $3,000
- Federal employees who are covered by similar federal programs.
What Activities at Home Might Not Be Covered by Workers’ Compensation?
Workers’ compensation does not cover every injury that happens during the day. The injury must still connect directly to work responsibilities.
If an employee suffers an injury during personal activities unrelated to job duties, workers’ comp coverage may not apply. For example, injuries that occur while cooking lunch, doing household chores, or exercising are usually not covered by workers’ compensation policies.
However, the personal comfort doctrine can sometimes apply. This legal rule recognizes that short personal activities during working hours can still constitute employment. Actions such as getting a drink of water or using the restroom often remain within the course of employment. Each situation depends on the specific facts.
How Should Remote Employees Report a Workplace Injury?
Prompt reporting protects a workers’ compensation claim. South Carolina law generally requires injured workers to notify their employer within 90 days of the injury. However, you should do so as soon as possible. Failing to report the injury in a timely manner can cause serious problems during the claims process. Employees should take these steps immediately after a work-from-home injury:
- Report the injury to a supervisor or employer immediately and explain how the injury happened during work duties
- Seek medical care from an approved doctor if the employer’s workers’ compensation insurance carrier directs treatment
- Keep copies of medical records, treatment instructions, and documentation of lost wages
Clear documentation helps prove that the injury occurred during job duties and during agreed-upon work hours.
How Can Our Law Firm Help Remote Workers Protect Their Workers’ Compensation Rights?
At Joye Law Firm Injury Lawyers, we represent injured workers across South Carolina who have had their workers’ compensation claims denied. Our attorneys understand how remote work injuries can raise complicated legal questions. We’ll investigate how your injury occurred, review your employment records, and gather medical evidence linking your injury to your job duties.
Our team focuses on helping injured workers receive the benefits they deserve, including medical treatment, partial wage replacement, and disability compensation when an injury prevents them from returning to work. We believe injured workers deserve respect, compassion, and determined representation. These values guide our approach in every workers’ compensation case we handle.
Get Trusted Legal Guidance After a Work-From-Home Injury
Remote work has changed how many South Carolinians work, but it hasn’t changed your right to workers’ compensation. The laws still apply. If a remote worker suffers injuries while performing assigned job duties, they deserve medical and wage replacement benefits. That’s where experienced legal guidance can make a meaningful difference during the claims process.
At Joye Law Firm Injury Lawyers, our workers’ compensation team brings together practical claim experience, focused advocacy, and recognized leadership in this field. Managing Partner Ken Harrell was named the 2026 Best Lawyers® “Lawyer of the Year” in Charleston for Workers’ Compensation Law for claimants, and Matt Jackson earned the same distinction in 2024. The firm has also been recognized in the 2026 Best Law Firms® in America rankings for Workers’ Compensation Law for claimants, including Regional Tier 1 honors in across multiple South Carolina markets.
These recognitions do not guarantee a result, but they do reflect the depth of experience, peer respect, and focused advocacy our attorneys bring to injured workers across South Carolina when a valid claim is denied, delayed, or disputed.
If you or a family member suffered a work-from-home injury, contact Joye Law Firm Injury Lawyers today for a free consultation. We can explain your rights, answer questions about a denied or delayed claim, and help you pursue the workers’ compensation benefits you’re entitled to recover.
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