DOES SC WORKERS’ COMPENSATION COVER OFF-SITE INJURIES?

If you get hurt on the job, workers’ compensation can save you from the crushing costs of medical care and lost wages and even help you find a new job if necessary.

But what if you are not on the job-site when you get hurt?

The short answer is that you are not eligible for compensation if you get hurt off-site on your lunch break, if you are injured doing something outside the scope of your job duties, or if you are hurt when you’re not on the clock.

That seems straightforward … except it’s not.

OFF-SITE INJURIES MAY BE COVERED UNDER SC WORKERS’ COMPENSATION

There are many exceptions to the general rule that off-site injuries are not covered including some auto accidents, out-of-town work-related trips, and employer-provided housing.

Is My Car Accident Covered by Workers’ Comp?

If you are driving to visit a client, running an errand for your employer, or delivering goods related to your job, you should be covered by workers’ compensation.

If you are in sales and you travel out of town to do your job, you may be covered. For example, if you were on your way to see a client, book your hotel, or anything else directly related to your work, you should be covered.

But, there are exceptions – if you decided to visit a friend or family member while traveling, your employer could claim that, when the accident occurred, you were visiting and therefore it is not covered.

Does Workers’ Comp Cover Travel to and From Work?

Generally, you are not covered during transit time – driving from home to work or from work back home. But there are exceptions to this rule also, including when:

• Your transportation is provided by your employer, or your employer compensates your travel through mileage reimbursement;
• The only accessible route between work and home is inherently dangerous; or
• You are performing an errand or task for your employer on your way to or from work.

What About When My Employer Provides My Housing?

Courts have ruled that if your employer provides housing and recreational facilities, you are continuously in the course and scope of employment. So, your employer may be responsible for compensating you for any injury that happens in employer-provided housing.

WHAT IS NOT COVERED BY SC WORKERS’ COMPENSATION INSURANCE?

Workers’ compensation typically will not cover an employee’s injuries if:

• The employee was not acting within the scope of their employment at the time of the injury;
• The employee is injured while under the influence of illegal drugs;
• The employee’s injuries are deliberately self-inflicted;
• The employee’s injury is the result of a fight he or she started;
• The injury happened while the employee was committing a crime; or
• The employee’s violation of a company policy led to the injury.

GOT AXELROD?

Axelrod and Associates has offices in Myrtle Beach, Little River, and Rock Hill, SC. If you’ve been hurt on the job, we want to help you get maximum compensation and all the benefits that you are entitled to.

Call now and schedule a free consultation with a Myrtle Beach worker’s compensation lawyer on the Axelrod team. Call us at 843-353-3449 or fill out our contact form today.