Jan 24, 2019

Does Workers’ Compensation Cover My Commute?

If you have suffered an injury while performing job duties in Georgia,
you are entitled to
workers’ compensation benefits which covers your past and future medical bills, lost income, disability,
and even vocational training if necessary. However, many people suffer
injuries while driving either to or from work.

Does workers’ compensation cover a worker’s daily commute?
In general, injuries which occur on the way to and leaving from work are
not covered by workers’ compensation law.

This is commonly known as the “going and coming” rule, meaning
workers’ compensation benefits don’t apply to injuries suffered
during a commute. While employees may argue that their commute is related
to their work duties, the going and coming rule state it is not.

Yet, there are some exceptions to this rule, including:

  • Driving is part of your job – Whether you drive for a living such as being a bus driver or a
    state trooper or you are running errands on behalf of your employer, any
    injury that happened during employment is covered by workers’ compensation.
  • Using a company vehicle – If you drive your own car to work, the going and coming rule will
    apply. But if you are commuting in a vehicle owned by your company, you
    can still obtain workers’ comp benefits in the event of an accident.
    In some states, the company vehicle must be used for going back and forth
    from a fixed location for workers’ comp to apply.
  • Driving to multiple job sites – If you drive your personal vehicle to travel to various job sites
    within one shift, any accident or injuries which occur along the way will
    be covered by workers’ compensation. This may include plumbers or
    landscapers driving from one home to another.
  • Traveling on business – Any time spent on a business trip is viewed as being within the
    scope of employment. For example, if you travel to attend a meeting with
    a client, the time spent traveling is considered part of your job duties.

If any one of the situations mentioned above applies to your case, you
may qualify for workers’ comp benefits. However, it is possible
your employer may despite your claim in an attempt to dispute your claim
or deny your benefits.

At
Hansford McDaniel – Workers’ Compensation Attorneys, we can protect your rights and best interests throughout the claims process
to ensure you obtain the benefits you need to recover from injury. With
millions of dollars won on behalf of our clients, our Atlanta workers’
compensation attorney understands what it takes to maximize your settlement.

If you have suffered an injury at the workplace in Atlanta,
contact us and schedule a free consultation today.