What is the going-and-coming rule in Georgia?

It is the general rule that a routine drive to and from a fixed workplace is not covered by workers compensation. Exceptions include traveling employees, special errands for the employer, travel between job sites, and company vehicles.

Will the workers' comp insurer take part of my injury settlement?

It may assert a subrogation lien to be repaid part of what it paid, under O.C.G.A. Section 34-9-11.1. An attorney can work to reduce or defeat that lien so you keep more of your net recovery.

How much time is there to file a workers' compensation claim or injury lawsuit in Georgia?

A personal-injury claim generally must be filed within two years under O.C.G.A. Section 9-3-33. The workers compensation claim requires 30-day notice to the employer and generally a one-year filing deadline under O.C.G.A. Sections 34-9-80 and 34-9-82.

Georgia Traveling Employee Injury Attorneys

Hurt While Traveling for Work? You May Have Two Claims.

We Don't Back Down.

Georgia's “going and coming” rule says your ordinary commute is not covered. But once you are traveling for the job, the rules change, and a work crash caused by another driver can give you both a workers' compensation claim and a separate personal-injury claim. Morrison & Hughes pursues every dollar from both.

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Two possible claims from one crash

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6 office locations statewide

0 %

Of Work Deaths Are Transportation

Leading cause of fatal work injury, 2024 (BLS CFOI, 38.2%)

Max Weekly Comp Benefit

For injuries on or after July 1, 2023 (O.C.G.A. § 34-9-261)

0 yr

Deadline for an Injury Lawsuit

Georgia personal-injury statute of limitations (O.C.G.A. § 9-3-33)

0 yr

Deadline to File a Comp Claim

Generally one year from the injury (O.C.G.A. § 34-9-82)

On the Road for the Job

Your Commute Is Not Covered. Your Work Travel Often Is.

Georgia follows the going and coming rule: your normal drive to and from a fixed workplace usually is not a workers' compensation claim. But that rule has real exceptions, and many injured workers give up benefits they were actually owed because they assume “I was in my car, so comp does not apply.”

Once you are traveling as part of the job (between job sites, on a special errand for your employer, in a company vehicle, or on the road as a traveling employee), an injury can be covered by workers' compensation, which pays medical care and income benefits regardless of fault.

And when another driver causes the crash, you may also have a separate personal-injury claim against that at-fault driver. That claim can recover what comp does not: pain and suffering and your full lost income. 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.

Tell Us What Happened

Employee driving for work on a Georgia road

Why Work Travel Is So Dangerous

Driving Is the Deadliest Part of Many Jobs

Year after year, transportation incidents are the single most common way American workers are killed on the job. The federal data below shows why an on-the-road work injury deserves a close look at every claim available.

Transportation Leads All Fatal Work Events

U.S. fatal work injuries by event type, 2024

Source: U.S. Bureau of Labor Statistics, Census of Fatal Occupational Injuries (2024): 1,937 transportation incidents, 844 falls/slips/trips, 733 violence-related deaths.

Transportation as a Share of All Work Deaths

Portion of the 5,070 U.S. work fatalities in 2024

Source: U.S. Bureau of Labor Statistics, Census of Fatal Occupational Injuries (2024): transportation incidents were 38.2% of all fatal work injuries.

Exceptions to the Going-and-Coming Rule

When Travel Is Covered by Workers' Comp

The commute is the general exclusion, but these situations often bring an on-the-road injury back inside Georgia workers' compensation.

Traveling Employees (Continuous Employment)

If your job sends you on the road away from a fixed office, you may be covered for the whole trip, including reasonable meals and lodging, under the continuous-employment doctrine recognized in Thornton v. Hartford (1945).

Special Errands for the Employer

Running an errand that benefits your employer, even before or after normal hours, can bring a drive back under coverage.

Travel Between Job Sites

Once your workday has begun, driving from one work location to another is generally part of the job, not a commute.

Employer-Provided Vehicle or Paid Travel

Using a company vehicle, or being paid for your travel time, often makes the drive part of your employment.

No Fixed Workplace

If your work has no single office and you drive to changing locations, the ordinary-commute exclusion may not apply to you.

Not Covered: The Ordinary Commute

Your normal drive to and from one fixed workplace usually is not covered, unless one of the exceptions above fits your facts.

One Crash, Two Possible Claims

Workers' Comp vs. a Third-Party Injury Claim

A work-travel crash caused by another driver can trigger both. Workers' comp pays quickly and regardless of fault; the injury claim against the at-fault driver reaches damages comp cannot.

What You Can Recover	Workers' Compensation	Third-Party Injury Claim
Medical bills	Authorized treatment for the injury	Full past and future medical care
Lost wages	Two-thirds of average weekly wage, up to the cap	Full lost income and lost earning capacity
Pain and suffering	Not available	Available
Do you have to prove fault?	No, benefits are paid regardless of fault	Yes, you must prove the other driver was negligent
Who you claim against	Your employer's insurer	The at-fault driver (and their insurer)

One caution: when you recover from the at-fault driver, your employer's insurer may assert a subrogation lien to be repaid part of what comp paid (O.C.G.A. § 34-9-11.1). We work to reduce or defeat that lien so you keep as much of your net recovery as possible.

Free Case Evaluation

Do You Have a Claim?

Answer a few quick questions about your work-travel injury. We will tell you whether you may have a comp claim, a personal-injury claim, or both. Free, confidential, no obligation.

Step 1 of 5

Were you injured while traveling or driving for work?

This includes crashes, falls, and other injuries away from a fixed workplace.

Was this your normal commute, or part of the job?

The ordinary commute usually is not covered; work travel often is.

Did another driver or party cause it?

If someone else was at fault, you may also have a personal-injury claim.

When did it happen?

Comp generally has a one-year deadline; an injury lawsuit generally has two years.

Tell us why you are seeking legal advice

A few words about your situation helps us point you to the right attorney. There is no obligation.

Why are you seeking legal advice?

One last step — send this to our team

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Know the Law

The Georgia Law Behind a Work-Travel Injury

The going-and-coming rule, its exceptions, and the two-year injury deadline decide what you can claim and how long you have.

O.C.G.A. § 34-9-1

Arising Out of and In the Course of Work

A claim is covered when the injury arises out of and in the course of employment. Work travel that serves the employer usually qualifies; the ordinary commute usually does not.

The Going-and-Coming Rule

The Commute Exclusion

Georgia courts hold that a routine drive to and from a fixed workplace is generally not compensable, because that risk is shared by the public and is not part of the job itself.

Thornton v. Hartford (1945)

The Continuous-Employment Doctrine

For employees whose work takes them on the road, Georgia recognizes continuous coverage during the trip, including reasonable meals and lodging, so long as the worker is not on a purely personal errand.

O.C.G.A. § 9-3-33

Two-Year Injury Deadline

The personal-injury claim against the at-fault driver generally must be filed within two years. The comp claim has its own, shorter deadlines, so both clocks matter.

O.C.G.A. § 34-9-11 & § 34-9-11.1

Dual Recovery and the Comp Lien

Comp does not bar a claim against a negligent third party. But the comp insurer may claim a subrogation lien on part of the third-party recovery, which we work to reduce so you keep more.

O.C.G.A. §§ 34-9-261 & 34-9-200

Comp Benefits

If the travel injury is covered, income benefits are two-thirds of your average weekly wage up to the statutory maximum, plus authorized medical care for the injury.

Protect Yourself

What to Do After a Work-Travel Injury in Georgia

A crash while working sets two clocks running. These steps protect both the comp claim and the injury claim.

1. Call 911 and Get the Police Report

If it is a crash, a police report documents the other driver and fault. It matters for the injury claim.

2. Get Medical Care

Treat the injury and tell providers you were traveling for work. The records support both a comp claim and an injury claim.

3. Report It to Your Employer

Give notice within 30 days (O.C.G.A. § 34-9-80). Say clearly that you were working or traveling for the job when it happened.

4. Collect the Other Driver's Information

Insurance, plate, photos of the vehicles and scene, and any witness names. This builds the third-party claim.

5. Save Dashcam and Records

Dashcam video, GPS or route logs, texts showing the work purpose of the trip, and mileage or travel-pay records.

6. Call Morrison & Hughes

We line up the comp claim and the third-party claim together, and protect your recovery from the comp lien. Se habla español.

Common Questions

Traveling Employee Injury FAQs: Georgia

Does workers' comp cover car accidents while driving for work in Georgia?

Often yes. If you were injured in a crash while traveling or driving as part of your job (not on your ordinary commute), the injury generally arises in the course of employment and can be covered, regardless of who was at fault.

What is the going-and-coming rule?

It is the general Georgia rule that your routine drive to and from a fixed workplace is not covered by workers' compensation. The exceptions (traveling employees, special errands, travel between job sites, company vehicles) are where many valid claims live.

I was driving for work and another driver hit me. Do I really have two claims?

You may. Workers' compensation can pay your medical care and income benefits regardless of fault, and a separate personal-injury claim against the at-fault driver can recover pain and suffering and your full lost wages. Many work-travel crashes support both.

What can the third-party claim recover that comp cannot?

Full lost wages and lost earning capacity, pain and suffering, and the full cost of past and future medical care. Comp does not pay for pain and suffering and replaces only part of your wages.

Will my comp insurer take part of my injury settlement?

It may assert a subrogation lien to be repaid part of what it paid you (O.C.G.A. § 34-9-11.1). We work to reduce or defeat that lien so you keep as much of your net recovery as possible.

How much time to file a claim or lawsuit?

The personal-injury claim generally must be filed within two years (O.C.G.A. § 9-3-33). The comp 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).

Is it free to talk to Morrison & Hughes?

Yes. The consultation is free and confidential. We handle workers' compensation claims and personal-injury claims on a contingency fee, so there is nothing to pay up front and no attorney's fee unless we recover for you.

From the Morrison & Hughes Blog