In a recent decision, a Georgia appeals court considered whether an employee who was injured while traveling from Georgia to Alabama for work was entitled to workers’ compensation benefits. The employee worked for a company repairing railroad tracks in different states. On one Sunday afternoon, the employee left his house in Georgia and drove toward Alabama, where he was supposed to begin work on a railroad track on the following morning. On his way to the motel, the employee was injured in a car accident. The employee filed for Georgia workers’ compensation benefits, claiming he was temporarily disabled. Yet the company argued that the accident did not arise out of and in the course of his employment.
Under O.C.G.A. 34-9-1(4) of Georgia’s Workers’ Compensation Act, in order to be eligible for benefits, an injured employee must prove that their injury was related to their job. Specifically, an employee must show that the accidental injury arose out of and in the course of his or her employment. The requirement that the injury arises out of the employment means that there has to be a causal connection between the employee’s job and the injury. The requirement that the injury occurs in the course of employment considers the time, place, and circumstances of the injury.
Generally, injuries that occur when an employee is commuting to and from work do not arise out of and in the course of employment because courts believe that most jobs require some form of commute, which is not necessarily related to the functions of the job. In this case, the employee was traveling to a motel near the job site when the injury occurred. Accordingly, the court found the employee’s injury was not compensable.