If you were hurt in a crash while driving or traveling for work in Georgia, do not assume workers' compensation does not apply because you were in a vehicle. Depending on the trip, you may have a workers' compensation claim, a separate personal-injury claim against the at-fault driver, or both.
The key is knowing the difference between an ordinary commute and travel that is part of the job, and recognizing when a second claim exists.
The Going-and-Coming Rule (and Its Exceptions)
Georgia follows the going and coming rule: your routine drive to and from a fixed workplace generally is not covered, because that risk is shared by everyone on the road. But once you are traveling for the job, the rule often flips. An injury that arises in the course of work travel can be covered by workers' compensation, which pays medical care and income benefits regardless of fault.
Work travel that is often covered:
- Traveling employees sent on the road away from a fixed office (the continuous-employment doctrine, recognized in Thornton v. Hartford Accident & Indemnity Co., 198 Ga. 786 (1945))
- Special errands that benefit your employer
- Travel between job sites once your workday has started
- Driving a company vehicle or being paid for travel time
- Jobs with no single fixed workplace
The Second Claim: The At-Fault Driver
Workers' compensation is only half the picture when another driver caused the crash. That driver's negligence can support a separate personal-injury claim, and it reaches damages comp does not: your full lost wages, your pain and suffering, and the full cost of your care. We handle both the comp claim and the injury claim on a contingency fee, so there is nothing to pay up front and no attorney's fee unless we recover for you.
Hurt in a Crash While Working?
Morrison & Hughes pursues your workers' comp claim and the at-fault driver at the same time, so no claim is overlooked.
Watch Out for the Comp Lien
There is one catch worth understanding. When you recover from the at-fault driver, your employer's workers' compensation insurer may assert a subrogation lien to be repaid part of what it paid you (O.C.G.A. § 34-9-11.1). That does not mean you should skip either claim. It means you want a lawyer who will work to reduce or defeat that lien so you keep as much of your net recovery as possible.
Comp benefits do not depend on fault and can start sooner. The third-party claim can pay for losses comp leaves out. Pursued together and coordinated correctly, they can add up to more than either one alone.
Two Clocks Are Running
A work crash starts two very different timers. The personal-injury claim generally must be filed within two years (O.C.G.A. § 9-3-33). The workers' compensation claim has a shorter path: 30-day notice to your employer and generally a one-year filing deadline (O.C.G.A. §§ 34-9-80, 34-9-82). Miss one and you can lose that claim, so move quickly.
The Bottom Line
A crash on the clock is rarely just one claim. If you were hurt while traveling or driving for work in Georgia, call Morrison & Hughes at 404-LAW-TEAM for a free, confidential consultation. We will look for every available claim and work to protect your recovery from start to finish.
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Sources
- O.C.G.A. § 34-9-1(4) (injuries arising out of and in the course of employment)
- Thornton v. Hartford Accident & Indemnity Co., 198 Ga. 786 (1945); Ray Bell Construction Co. v. King (Ga. 2007), discussing the continuous-employment doctrine for traveling employees: caselaw.findlaw.com
- O.C.G.A. § 34-9-11.1 (claims against third parties; employer/insurer lien)
- O.C.G.A. § 9-3-33 (two-year limitation period for personal injury)
- O.C.G.A. §§ 34-9-80 and 34-9-82 (30-day notice; one-year claim deadline)
Disclaimer: This article is for general informational purposes only and is not legal advice. Reading it or contacting Morrison & Hughes does not create an attorney–client relationship. Laws change; this article reflects Georgia law as of the publication date, and the outcome of any claim depends on its specific facts. Statute and case references are summaries; read the full text or speak with a lawyer about your situation. Photos are stock images and do not depict the people or places described.