If you crash your car driving to work, Georgia law usually blocks your workers’ comp claim. Courts call this the going and coming rule. Your commute counts as personal time, not work time, so your employer doesn’t owe you benefits if you get hurt on the way to a fixed job site.
However, construction work rarely looks like a normal commute. You might drive between job sites, haul tools across town or run an errand for your boss. These situations change the rules and can open the door to a workers’ comp claim, a car accident claim or both.
What the going and coming rule actually covers
The rule applies when you drive your own car from home to one set workplace and back, with no job duties along the way. Georgia treats this trip as personal, even if your job requires you to show up at a specific time each day.
When your commute becomes part of the job
Several exceptions can flip the rule in your favor. Georgia courts look closely at who controls your travel and why you got behind the wheel that day. These exceptions include:
- You drive a company vehicle: If your employer provides a company vehicle or pays for your travel expenses, your commute might be covered, but only if the travel explicitly benefits the employer’s business operations rather than just getting you to work.
- You run errands for your employer: Picking up materials, dropping off paperwork or making a bank deposit on your way to the site puts you back on the clock.
- You travel between job sites: Construction workers rarely stay at one location all day. Driving from one project to another almost always counts as part of your job duties, not your commute.
- Your employer doesn’t provide a fixed location: If your job sends you to different sites each week, driving from home to your first job site of the day is still generally considered a non-covered personal commute, unless your primary job duties inherently require constant travel throughout the day.
These exceptions don’t apply automatically, so you need evidence to back up your claim. Pay stubs, mileage logs and witness statements can all help prove your trip served a work purpose.
Why these cases get complicated
A work-related car accident can trigger two separate claims — workers’ comp and personal injury. Workers’ comp covers your medical bills and lost wages, while a personal injury claim against another driver can cover pain and suffering. Untangling both claims takes legal knowledge most workers don’t have on their own. Talk to an attorney who handles Georgia workers’ comp and car accident cases together, so you don’t leave money on the table.