Each day Georgia workers’ commute to and from work with the reasonable expectation they will arrive unharmed. But what happens when the drive goes wrong and a worker is injured in a car crash? According to the State Board of Workers’ Compensation Handbook, “any injury, illness or death arising out of and in the course of employment is by definition a compensable work-related claim.” Which means that if a worker is injured in a vehicle crash during work hours and while carrying out work duties, he or she is eligible to file a claim. This includes workers’ that are not employed at a stationary location and must travel as part of their job. It does not include workers’ traveling to and from work during their normal commute hour.

The ‘Going and Coming’ Rule

The ‘Going and Coming’ rule exempts an employer from having to pay workers’ compensation benefits to an employee injured during their work commute. For example, say you are a Physical Therapist who sustains a fractured leg in a car crash on the way home from work, rendering you unable to perform your job duties. Because of Georgia’s law, you would not be eligible to receive workers’ comp benefits for time missed at work or to help pay for your medical bills. However, if the same accident happened to the same Physical Therapist only this time he was driving to an offsite location to rehab his next client, the claim would likely be compensable.

Exceptions to the Rule

As with most rules, there are exceptions to the “Going and Coming” Rule, which include:

•     If you are travelling on a business trip
•     If your job duties center on travel (pizza delivery, firefighter, etc.)
•     If you are running a special errand (getting your boss coffee, etc.)
•     If you are travelling to and from job sites
•     If you are commuting in a company owned car
•     If you are travelling commercially

Careless Drivers

So, what happens if you are bus driver injured in a crash during work hours but due to your own recklessness? Are you still eligible for benefits? The answer is yes, if the injuries arise out of and in the course of employment for which compensation is payable. Georgia’s workers’ compensation system remains a “no fault” and mandatory insurance program.

Travel is a part of many people’s jobs and comes with its own risks. And because no two cases are alike, and you contact must a workers’ compensation lawyer to help you evaluate your case and explore your legal options.