Injuries occurring either commuting to work or coming home from work are not generally compensable. However, the South Carolina case law has carved out several exceptions when workers compensation will cover injuries sustained while traveling to or from work. The five exceptions include:
- The employer provides transportation or the time is paid for or included in the wages;
- The employee has some duty or task while traveling;
- The route is dangerous and is the exclusive way or built/maintained by the employer;
- The injury was close to the workplace and the employee was required to use that route; or
- The employee is engaged in some special task, service, mission, or errand.
Workers compensation insurance companies often deny a compensable workers compensation claim without considering one of these five exceptions. If you are injured while commuting to or from work contact a workers compensation attorney to find out if your injury falls within one of the exceptions.
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