Georgia’s Coming and Going Rule for Workers’ Comp

Atlanta is known for its heavy traffic, and much of that traffic comes from commuters. Sometimes, our workers’ compensation lawyers in Atlanta are asked whether commute time is covered under workers’ compensation.

The rule that covers this is Georgia’s “coming and going” rule for workers’ compensation. In general, injuries that happen to you on the way to and from work are not covered by workers’ compensation. However, there are exceptions.

Yes, you may be required to go into the office as part of your duties, but the courts will deny your claim if your injury happened to or from work. However, many job duties involving driving would be covered by worker’s comp. Here’s what you need to know.

What Is the Coming and Going Rule?

According to Georgia’s Workers’ Compensation Handbook, a claim must happen while performing job duties during work hours as assigned by your employer. If you’re hurt while doing unassigned duties, like lunch or breaks, you’re not covered.

Also, according to the handbook, “injuries that occur during an employee’s normal commute to and from work are not covered.” This rule is the “coming and going” rule that covers who is responsible for accidents that happen during the commute.

Normally, if you were hurt during a commute, you would contact the at-fault driver’s insurance company to make a claim. If they accept the claim, you can get compensation to cover your injuries and other damages with the help of a personal injury lawyer in Atlanta.

What Are The Exceptions to the Coming and Going Rule?

Many exceptions could make the coming and going rule not apply to your workers’ compensation claim. To find out if your situation falls under these exceptions, you should speak with a workers’ compensation attorney.

Injury in the Parking Lot

If you’re on your way out the door to your car in an employer-owned or employer-maintained parking lot, you are still on company property. Therefore, if you get hurt while you’re in the lot, the rule may not apply.

Travel Is Your Job Duty

Jobs like bus driving, police officers, and airline pilots involve a lot of travel as part of the duties. Since this travel is a job duty, the coming and going rule doesn’t apply to these situations. It’s intended for the commute only.

Travel Between Job Sites

If your job requires travel between multiple assigned locations during the day, you are covered while you are moving between the sites. The coming and going rule only applies to your commute, not travel while you’re on the clock.

Travel between job sites also applies to situations like making deliveries, including food delivery. If you have to use a vehicle for work purposes and you get into a crash, then you can apply for workers’ compensation.

This exception also applies to commercial travel. All of the time spent away on a business trip is usually considered employment-related, even if you’re only on the clock for part of the time at your destination.

Special Errands

Your employer could ask you to travel outside of business hours or during breaks for a special errand. Even though this is outside of your scheduled hours, it is considered a job duty because your job requested it. Thus, the rule does not apply to you, and you can make a claim.

Employer Pays Travel Expenses or Offers Transportation

Another exception is if your employer offers transportation benefits, like a company car, or pays for your travel expenses. By offering commuting benefits like these, companies could be held accountable if you get injured while commuting.

Split Shifts

If you have to work a split shift between two locations for distinct periods of work, then the rule may not apply to your travel between the two locations.

Can I Collect From Workers’ Compensation and the At-Fault Driver?

Yes, you can, though the rules for each are different. Workers’ compensation is a no-fault system. You do not have to prove negligence to collect it. All you have to do is document it properly for your employer, who will submit the claim.

You can also make an at-fault claim with the other party. However, you will need to prove negligence to win that claim. You can do this with the help of a car accident lawyer.

What if I Think I Have an Exception but Have Been Denied Compensation?

A copy of your employment contract or employee handbook may explain company rules about what kinds of travel are covered by your company’s workers’ compensation policy. Speak with an attorney to confirm if those rules are accurate for Georgia laws.

We may also be able to help you get the evidence you need to prove your exception to the workers’ compensation insurer or the workers’ compensation board if your case must go to a hearing to get resolved.

If you think you have an exception to Georgia’s coming and going rule for workers’ comp, but you were rejected because of it, don’t give up hope. Consult with a workers’ compensation lawyer in Atlanta like the team at John Foy & Associates.