Are you entitled to workers’ compensation benefits for injuries coming to/from work?

It depends. Generally, injuries or accidents occurring while an employee is traveling to and from work are not covered under the workers’ compensation act. However, the law does provide for a period of ingress/egress to the workplace. This hinges on: 1) reasonableness as to time 2) reasonableness as to place.

For the time consideration, courts look to the length of time between the injury and when the employee was scheduled to work or left work.

As to reasonableness of place, the injury must have occurred on the employment premises. A parking facility owned or leased by the employer is considered part of the employer’s premises. Other examples of locations owned/operated by employer under this rule are office buildings, employer-owned streets etc… If an injury occurs in one of these employer-owned/leased areas, then the injury may be covered under the Georgia Workers’ Compensation Act.

Another exception to the rule is when an employee is driving an employer-owned vehicle. In these cases when the worker is involved in a motor vehicle accident coming to or from work, they should be covered under the Act, absent other circumstances.