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Can I File for Workers' Comp in SC If I Get Injured During My Commute?


If you suffer an injury while performing your job duties, you are entitled to workers’ compensation in South Carolina. But what happens if you are injured during your commute to or from work? 

According to South Carolina’s workers’ compensation law, the “going and coming” rule states that injuries sustained by an employee while going to or coming from his/her workplace are not eligible for benefits. However, there are several exceptions to this rule. 

The following are five exceptions to South Carolina’s going and coming rule: 

  1. You were performing a work-related task – If your employer gave you a work-related task to fulfill while coming to or from work and then you are injured in a car accident while performing that specific task, you can qualify for workers’ compensation benefits because you were acting “within the course of employment.” 

  1. You were performing a special task – While a work-related task pertains to duties within the normal job description, a special task is something outside the normal scope of employment. Common examples include picking up coffee for your boss before coming to work or driving to grab lunch for the office during your meal break. 

  1. You were driving a company vehicle – Your transportation is provided by your employer. Not only does this mean driving a company vehicle, but it also means situations in which you are paid for your travel time for business-related purposes. 

  1. You were injured within close proximity of your work site – If you were injured in a car accident while you were entering or leaving your employer’s premises and you are required to use the entry or exit to go to and leave the work site. For example, if you are injured in a car accident when you enter the parking lot on your way to work, you are entitled to workers’ comp benefits since it is within your scope of employment to enter the parking to perform your job duties. 

  1. The route to and from your workplace is inherently dangerous – If the way to and from work is inherently dangerous and it is either the only way to enter or exit to the workplace or it is maintained by your employer, then any injury you sustain in a car accident using this route is covered by workers’ compensation. 

It is not uncommon for a workers’ comp claim related to the going and coming rule to be initially denied. One of the most important steps to take is to hire an experienced attorney to help you obtain the benefits you deserve. 

If you are interested in workers’ compensation benefits in Charleston, contact Pierce | Sloan today at (843) 968-0886 for a free initial consultation. Get more than 125 years of combined experience on your side! 

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