Does Workers’ Comp Cover South Carolina Employees Injured Outside of the Workplace?

Getting hurt on the job is stressful – and worrying about whether you are eligible for workers’ comp benefits adds additional anxiety when you should be focused on your recovery.

When an employee is hurt onsite at work, the task of determining if the employee is eligible for benefits is complex. And when an employee is hurt offsite while on the clock, such as at company-sponsored events, workers’ comp eligibility is even more complicated to determine.

But you don’t have to fight for benefits alone. Our team of dedicated workers’ compensation attorneys helps South Carolina workers who have been hurt on and off work premises, and we can help you, too.

If you, or a loved one, have questions about workers’ comp for employees outside of work, contact us today for help, answers, and a free case evaluation at 1-866-900-7078.

What Is Considered Outside the Scope (or Course) of Employment?

In South Carolina, injuries must “arise out of and in the course of employment” to be eligible for workers’ compensation.

• “Arising out of employment” refers to whether the cause of the injury is related to the job. For example, if you are a painter and fell off a ladder while painting, the cause of your injury would likely be considered as having “risen out of” the task of painting.
• “In the course and scope of employment” refers to the time, place, and circumstances under which the injury occurred. For example, if you are a construction worker and were injured at your construction site, your injury could reasonably be assumed to have occurred “in the scope of” your work.

Since workers’ comp generally covers injuries that occur out of and in the course of your employment, it is important to understand what is considered outside the scope of employment. If you were doing something that is not reasonably part of your work responsibilities when you were injured, your actions may be considered outside the scope of employment and therefore ineligible for workers’ comp.

Many off-the-clock injuries (when employees are not actively performing their job responsibilities, such as commuting to and from work) are generally not considered to be within the scope of employment. (However, there are certain exceptions to the “coming and going” rule where an injury that occurs during your workplace commute may be deemed compensable. See more below.)

Another example of acting outside the scope of employment would be acting illegally, such as acting with the intent to injure or kill another. If you were injured on the job while participating in these types of activities, your workers’ compensation claim may be denied.

You may also be considered to be acting outside the scope of your employment if you are engaging in personal errands during work time. The South Carolina Workers’ Compensation Commission, the agency in charge of workers’ comp in the state, may look at the work task that you were engaging in and whether the personal errand  was a substantial break from that task, such that you abandoned the work task.

For example, if you are injured when you stop to get a drink at a gas station on the way to the post office to drop off a package for your employer, that small deviation would generally not bar you from having a claim.

Common Injuries Outside of Work: Are You Eligible for Benefits?

Here are a few situations where an employee could be hurt, but their eligibility for workers’ comp may not be clear:

• Company-sponsored events, such as lunches, dinners, parties, banquets, picnics, or games
• Employer-controlled areas, such as parking lots or sidewalks controlled (i.e., maintained and/or owned) by the employer
• Traveling/driving, whether driving while at an out-of-town conference or between multiple job sites (more details below)

Each case is different. For example, whether or not your employer required you to attend the event where you were injured and your behavior leading up to the accident are critical factors in determining eligibility.

Were you injured while working offsite or at an offsite work function? Even if your employer says you’re not eligible for workers’ comp, get peace of mind with a free case evaluation. Call 1-866-900-7078 now.

What Are Employer-Controlled Areas Outside the Main Workplace?

Employer-controlled areas outside the main workplace are generally defined as areas that are owned, maintained, or controlled by the employer. Common examples include sidewalks, walkways, and parking lots. If an employer pays taxes on the area, pays a third party to maintain it, or outright owns it, employee accidents in that area are generally covered under workers’ compensation.

Note: Injuries that occur in public parking lots or on public walkways are generally not covered under workers’ comp.

South Carolina’s “Coming and Going” Rule – What Kind of Business Travel Falls Under Workers’ Comp?

In South Carolina, there is a “coming and going” rule: employees injured during their normal workday commute to and from work are generally not eligible for workers’ compensation.

However, there are exceptions to this rule:

• If you are a truck driver or a delivery person and you drive as part of your normal job, injuries suffered in the course of that travel will likely be considered part of your normal work activity and fall under workers’ compensation.
• If you are injured while traveling out of town for business for conferences or sales calls, this may be considered a work-related injury covered by workers’ comp.
• If you are driving between multiple job sites within one work shift, your commute may be considered part of your normal work duties, and any injuries may be covered.
• If you are running a special errand for your employer, such as dropping off mail or paperwork for a supervisor, any injuries will likely be covered.
• If you are driving to and from work in a company car or are injured in employer-provided transportation (such as a company bus), you are generally entitled to workers’ comp benefits.

Every situation is unique, but our experienced workers’ comp team can help you understand whether you have a workers’ comp case.

Situations Where You Might Be Injured Outside the Workplace

There are many instances in which employees who are hurt outside of the workplace are eligible to receive workers’ comp benefits. For example, you may have a workers’ comp case if you were injured while engaging in:

• Routine travel for work in SC – If you are a truck driver, limousine driver, or traveling salesperson who routinely travels around the state for work, injuries sustained while on the job are generally covered by workers’ comp if they “arise out of employment” whether you are on- or off-site.
• Routine travel for work outside of SC – It’s also reasonable to assume that drivers and salespeople who travel outside of SC for their jobs are also eligible for workers’ comp for work-related injuries and illnesses.
• Occasional travel in SC – If you are hurt while traveling in-state for work, such as to attend an off-site meeting, training, or to run a work errand, you are generally eligible for workers’ comp.
• Occasional travel outside of SC – If a work event requires that you travel out of state, as for a conference, training, or social work event, any injuries you incur are likely to be covered by workers’ comp.
• Work outside of your employer’s building – Your employer is generally responsible for the area surrounding the workplace, so if you are hurt in the parking lot, on a private sidewalk, or in the lunchroom or breakroom, you may be eligible for workers’ comp.

We can examine the circumstances of your injury, including where the injury occurred, and provide you with an objective evaluation of whether you have a viable workers’ comp case. Call 1-866-900-7078 today.

Types of Offsite Injuries That Workers’ Comp May Cover

Fortunately, South Carolina employees who spend time working away from the main jobsite, such as construction workers and delivery drivers, are generally eligible to receive workers’ comp benefits for injuries incurred in the line of work.

Common employee injuries that occur both on and off the main worksite include:

	Sprains, strains, and tears to knees, backs, and shoulders
	Broken bones and joint fractures
	Soreness or pain, such as with herniated discs
	Cuts, lacerations, burns, and punctures, such as eye injuries

Why Choose Us as Your Workers’ Compensation Attorney?

Our mission is to help injured workers hurt in any kind of work situation. Many of our attorneys are recognized professionals in their fields. They’ve won awards, authored books, and taught seminars for other attorneys.

Another reason you may consider us is that for 2025, our firm was named to the “Best Law Firms” list from Best Lawyers in America for the 10^th year in a row – with a Tier 1 ranking (the highest) for workers’ compensation.⁴

And there’s no need to worry about the cost of a high-quality attorney. At our firm, we work on a contingency fee basis, which means you pay no upfront costs, no retainer fees, no hourly fees…and no attorney’s fee at all unless we get compensation for you. Guaranteed.²

Coupled with this experience and knowledge is a commitment to giving you peace of mind while you focus on recovering. We created a You-First Policy that lays out how we put our clients’ needs first. Always.

But don’t take our word for it. See what our clients have to say:

If you need help, a real person is available to talk with you about your workers’ compensation case right now. What are you owed? Call us at 1-866-900-7078 or contact us online for your free case evaluation.

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