In most cases, the answer is no. South Carolina workers’ compensation law follows a rule that limits coverage during a regular commute. However, there are several exceptions to the rule. Under the right circumstances, the injuries you sustained during your work commute may qualify for workers’ compensation benefits.
At Joye Law Firm Injury Lawyers, our team has built a statewide practice to help injured workers access their rights. Since 1968, our attorneys have represented South Carolinians who feel outmatched by employers and big insurance companies. Our proven approach centers on compassion, courtroom courage, steady improvement, and respect for the community and the people who depend on us during difficult times.
Our results reflect how that commitment drives our success. For example, our firm recovered a $208,000 settlement for a home-health hospice nurse who was injured in a car accident while driving to a patient’s home for work. Although she was found at fault for the crash and her workers’ compensation claim was initially denied, Attorney Davis Rice successfully had the claim accepted by demonstrating that she was paid mileage reimbursement and considered on the clock while traveling between patient visits.
While each claim differs, this result shows how experienced attorneys can build a strong case when injuries occur during work activities
What Is the Going and Coming Rule in Workers’ Compensation?
Workers’ compensation laws in most states follow the going-and-coming rule. This rule states that an employee is usually not covered by workers’ compensation while commuting between home and a fixed workplace.
The reasoning is simple. During a normal commute, the employee is not yet performing work duties. Travel is seen as a personal activity rather than part of the job. For example, an employee who drives from home to the office each morning typically falls outside workers’ comp coverage during that trip. If a car crash occurs on the highway before reaching the work site, the injury will often fall outside the scope of workers’ compensation insurance.
This rule also applies to the drive home at the end of the day. Once an employee leaves the employer’s premises and begins the commute home, the travel usually falls outside the scope of workers’ compensation.
However, the rule is not absolute. Courts recognize that work responsibilities sometimes extend beyond the office or job site. When travel becomes part of the job, the injury may be considered work-related.
When Can a Commute Become a Work-Related Trip?
A commute can change from personal travel to work-related travel if the employee performs work duties during the trip. When that happens, the injury may be covered by workers’ compensation.
Several factors help determine if the commute falls within the scope of employment.
- The employer must benefit from the travel. If the employee drives for a business purpose, the trip may qualify for workers’ compensation benefits.
- The travel must relate directly to job duties. A personal errand during the commute may break the connection to work.
- The employer may control the transportation method or direct the employee to travel to a location other than the normal workplace.
If these elements exist, workers’ comp coverage may apply even though the accident occurred away from the job site.
Are Traveling Employees Covered During Work-Related Travel?
Some employees spend large portions of their workday on the road. These workers are often referred to as traveling employees. Examples include:
- Traveling salespeople
- Field technicians
- Employees are assigned to multiple job sites.
For these workers, travel is part of their job duties. When travel is a normal part of employment, workers’ compensation benefits usually apply during work-related travel. For example, a traveling salesperson who is injured in a car accident while driving to meet a client may receive workers’ compensation benefits. The employee was performing work duties at the time of the accident.
Courts often treat these workers differently from employees who report to a fixed location every day. Travel itself becomes part of the job. This means the injury may be covered even if the accident occurred away from the office or the employer’s premises.
Do Special Errands and Employer Requests Create Workers’ Comp Coverage?
An important exception to the going-and-coming rule is known as the special errand or special mission exception. This applies when an employer asks an employee to perform a work-related task outside normal duties or outside the regular commute. In these situations, the travel itself becomes part of the work assignment.
If an accident occurred during a special errand, the injury may be covered by workers’ compensation. The reason is that the employee was acting at the employer’s direction and performing work duties at the time of the accident.
