Will I Get Workers’ Comp if I Have an Accident on My Way to Work?

The rules surrounding workers’ compensation are often complicated, causing confusion over what situations constitute a claim. Generally, workers are not covered for accidents sustained when they are coming or going to work. However, if you were “on the clock” when your accident occurred, you will likely be eligible for workers’ comp benefits.

In this blog, our Greenville workers’ compensation lawyers discuss situations in which workers’ compensation may apply and what types of evidence may be critical in supporting your claim.

What is Workers’ Compensation?

Workers’ compensation is insurance provided by your employer that covers lost wages, medical expenses, and funeral costs in the event that you suffer a work-related injury or illness caused by your job. Businesses that employ four or more employees in the state of South Carolina are typically required to carry workers’ compensation. 

The South Carolina Workers’ Compensation Law defines an injury as an “… accident arising out of and in the course of employment…” An injured employee will be entitled to 2/3 of their average weekly wage (AWW), with a weekly cap that is adjusted each year for inflation. As of January 1, 2024, South Carolina workers may receive a maximum weekly wage of $1,093.67.

Coming and Going Rule

If a worker is injured while traveling to or from work, a worker will generally not be entitled to compensation. Since the law defines compensable injuries as those arising out of the “course of employment,” if an employee is not getting paid during the time of the incident, then workers’ comp benefits will usually not apply.

There are exceptions to this rule, including:

You Were Running a Work-Related Errand

Any tasks performed in the scope of your employment are covered under workers’ compensation. If, after coming into work, your employer asks you to run an errand, and you are then involved in an accident, your injuries are most likely compensable. 

You Were Driving a Company Vehicle and Paid for Travel Time

If you were driving a company-owned vehicle and compensated for your travel time, you would most likely be able to submit a workers’ compensation claim for any injuries sustained.

You Were Injured on Company Property

If you were injured in the parking lot or in close proximity to your place of employment, any claims should be covered under workers’ compensation. The only caveat that would prevent you from making a claim is if the parking lot is not owned by the company.

How Can a Workers’ Compensation Lawyer Help Me?

Workers’ compensation laws vary from state to state, but in South Carolina, you must report an accident within 90 days to preserve your right to compensation. Reporting your accident to your employer immediately is always best, except if you need to seek medical care in an emergency. 

Our Greenville workers’ compensation lawyers will investigate your claim to determine if you should be receiving benefits. If workers’ compensation benefits apply in your situation, we will help you in filing your claim and appeal against the workers’ compensation commission if your claim is denied.

Speak with Our Greenville Workers’ Compensation Lawyers

At Fulton & Barr Attorneys at Law, we are dedicated to helping our clients secure maximum benefits for workers’ compensation claims. We know that you put your heart and soul into your job, sacrificing time with loved ones. Compensation that is less than you deserve is simply unacceptable, giving us reason to fight harder for you. 

Let us help you get your claim underway. To schedule your consultation with a Greenville workers’ compensation lawyer, contact us online or by phone today.