After a workplace injury, to cover the costs of your medical bills and lost wages, you are likely to receive workers’ compensation benefits. Let’s say, for example, that was marginally related to work, you were injured in a car accident. For the injuries you sustained, could you still file a workers’ compensation claim? The coming and going rule in South Carolina may say, “No!” But not necessarily.
The “Coming And Going Rule”
You may be asking, “What on earth is a coming and going rule?” First and foremost, it applies to benefits that fall under workers’ compensation. Specifically, it means that if you are going home from work or coming to work, and you’re injured in an accident, you cannot have those injuries covered under workers’ compensation.
If, however, within the scope of employment, you are injured, you are eligible for workers’ compensation. How does that work?
Here’s the deal: Because you’re not being paid for the time it takes you to travel home from work or travel to work, you are NOT covered as an employee considered to be on the job.
But – The Rule Isn’t Conclusive!
This rule isn’t absolute in any number of circumstances. During your commute, injuries sustained may be covered under workers’ compensation in certain cases. Here are some examples:
- You are close to your workplace when the injury occurred and there is an express or implied requirement that the employee use that way to enter work.
- Your way to work is inherently hazardous or dangerous and it is either the exclusive way of ingress or egress or maintained by the employer.
- The transportation is provided by the employer meaning either the vehicle or the employee is paid for travel time.
- The employee is still charged with a duty or task in connection with the work while on the way to or from work.
Is South Carolina Alone?
The fast answer here is – no. South Carolina is not the only exclusive state to use the coming and going rule. In fact, most states have the rule in place.
Though many specific rules and regulations involved with workers’ compensation are state-determined and enforced, the coming and going rule is relatively steadfast and widespread.
Cardinal Law Partners Handles Workers’ Compensation Cases
If you were injured on the job, or if you were injured on your way to or from your job, how do you know whether or not you’re covered by workers’ compensation? The best and fastest way to be better acquainted with your rights is to contact the professionals at Cardinal Law Partners. We are well-versed in workers’ compensation cases and have defended the rights of countless employees. When you’re hurt on the job, you need someone on your side that is knowledgeable, reputable, and experienced. Contact us today to discuss the specifics of any occupational compensation to which you feel you are entitled.