McSwain v. Indus. Com. Sales & Serv.

**What Happened** McSwain worked as a traveling employee for Industrial Commercial Sales & Service. While staying at a hotel during a work trip, he slipped and fell in the hotel lobby while getting his laundry on his day off. McSwain filed for workers' compensation benefits, claiming his injury was work-related because he was a traveling employee staying at a company-provided hotel. **What the Court Decided** The North Carolina Court of Appeals ruled against McSwain and upheld the Industrial Commission's decision to deny his workers' compensation claim. The court found that his fall did not "arise out of" his employment, even though he was a traveling worker staying at a work-provided hotel. The court determined that retrieving laundry on his free day was a personal activity, not something connected to his job duties. **Why This Matters for Workers** This ruling shows that traveling employees don't automatically get workers' compensation coverage for every injury that happens while on business trips. Even when staying in company-provided accommodations, workers must still prove their injury happened while doing something work-related. Personal activities during free time—like doing laundry—may not be covered, regardless of the work-travel circumstances.