PRESS-NEWS.org - Press Release Distribution
PRESS RELEASES DISTRIBUTION

Workers' comp denied for out-of-town workers commuting to job site

Travelling employees may face workers' compensation hurdles if hurt while commuting to a job location.

2013-02-06
February 06, 2013 (Press-News.org) Georgia workers' compensation provides benefits to workers accidentally injured in the course of their jobs. There must be a causal relationship between work duties and the injury. Issues can arise for travelling employees who need to commute to another town to reach a worksite or travel as part of their job duties.

The Georgia Court of Appeals recently held that injuries sustained during an auto accident that occurred while workers commuted to a job site were not covered by their employer's workers' compensation policy.

Travelling between towns

The construction workers lived in Savannah and commuted with several co-workers four hours to Columbus early each Monday morning to a church construction project. After the workweek was over the men returned to Savannah to spend the weekends at home. Their employer did not pay for the travel time, but did arrange and pay for lodging while the men were in Columbus.

As the men were riding to work on a Monday morning, their vehicle was in an accident and flipped. One of the men was killed and another suffered serious injuries. They were just a few minutes from their worksite when the accident occurred.

An administrative law judge denied workers' compensation benefits, because the injuries happened while the employees were on their way to work. The case was appealed to the appellate division of the State Board of Workers' Compensation, which agreed with the ALJ. The Georgia Court of Appeals also agreed with the ALJ that the injuries did not arise out of or in the course of employment.

Appellate Court decision

The court mentioned the general principle that accidents that happen when employees are commuting to work do not qualify for workers comp benefits. In this case, the workers were driving to the work site and had not yet started their workweek. In contrast, if the accident had happened after they started their work duties, they might have been covered under the continuous employment doctrine.

This continuous employment coverage applies to workers who are sent out overnight and are staying away from home for work. For instance, workers' comp was available in the specific case of an out-of-town worker killed at his motel during the middle of a workweek. That worker needed to be at the job site each weekday from 7:00 am until 5:30 pm, but his lodgings were located close enough so he could report to work in the mornings. Using the doctrine, the court reasoned that the injury arose out of and in the course of his employment.

The workers' compensation statutes along with case law analyzing the meaning of terms can seem an incomprehensible maze. If injured on the job, seek the counsel of a local workers' compensation attorney who can pinpoint possible hurdles to your claim. In some auto accidents, there may even be a separate negligence claim that could often go overlooked.

Article provided by Hilley & Frieder
Visit us at www.hilleylaw.com


ELSE PRESS RELEASES FROM THIS DATE:

Common issues that arise with divorce and bankruptcy

2013-02-06
Electing to file for bankruptcy can be a difficult decision, and the circumstances can be even more challenging when a marriage is also on the rocks. It is not uncommon for marital troubles to relate to financial struggles, however, especially in the current economic downturn. Accordingly, it is important to understand some basic issues and common myths regarding bankruptcy and divorce. Myths about bankruptcy and divorce One of the most predominant misconceptions about bankruptcy and divorce is that one can file for bankruptcy after divorce, and then the individual ...

Social Security's Ticket to Work program

2013-02-06
Some recipients of Social Security Disability have the desire to work; however, many fear that in looking for a job, they will compromise their federal benefits. Fortunately, there are ways to work without risking the loss one's Social Security Disability status. The Ticket to Work program is an employment program for those with disabilities who are interested in actively participating in the workforce. The goal of the program is to offer individuals receiving disability benefits a variety of choices when seeking assistance to enter, reenter or maintain employment. The ...

Colorado legalizes pot but not stoned driving

2013-02-06
For years, there has been debate about the legalization of marijuana. For many, it was hard to envision a state legalizing marijuana for any purpose other than medical use. Recently, however, Colorado legalized the limited use of marijuana for recreational purposes. Nonetheless, there are restrictions on the amount that can be purchased and consumed at any one time and on activities one can pursue while under the influence of marijuana, such as driving. Colorado's new recreational marijuana law The passage of Amendment 64 in Colorado permits adults age 21 and older ...

Child support payments in Michigan increase due to economic recovery

2013-02-06
Increases in court-ordered child support payments may point to a recovering economy in Michigan. The news comes after several years of rising unemployment and difficult financial times, creating a situation in which over ten percent of child support payments came from welfare checks. However, that number has been falling, and is projected to continue falling as the economy improves and those responsible for child support payments are now able to honor their obligations. Enforcement efforts in connection with child support payments Of course, ability to pay is not ...

Virginia laws crack down on teens who drink - and their parents

2013-02-06
Virginia's legislature takes drunk driving very seriously, and for good reason. The state has recently enacted a law that makes anyone convicted of DUI in the state to install and maintain an ignition interlock device that prevents the car from being started until the driver takes - and passes - a breath alcohol test. Sending a message The laws of Virginia take underage drinking no less seriously. Teens who are caught behind the wheel with even a small amount (.02 percent blood alcohol level) of alcohol in their system will be facing a minimum of one year's license ...

Injuries and deaths rising for oil and gas industry workers

2013-02-06
Recently a gas line exploded in the town of Sissonville, W.Va. A local gas company confirmed the source of the explosion came from one of its transmission lines. With this news, the small town of just over 4,000 residents learned that the jobs associated with the oil and gas industry sometimes come at a price. The fire demolished four homes and damaged five others. A section of a freeway was also shut down, and power and phone lines were out for several hours. Although no one was killed, several people were treated for injuries related to smoke inhalation. Federal ...

California juvenile crime rate drops to record low

2013-02-06
Figures compiled by the California Department of Justice's Criminal Justice Statistics Center (and recently released by the non-profit Center on Juvenile and Criminal Justice) Corrections shows that the state's juvenile crime rate is now the lowest it has been since comprehensive recordkeeping started in 1954. The drop in juvenile crime is particularly noteworthy in that it has continued to fall in spite of widespread economic distress and high rates of poverty, two things that have traditionally foreshadowed rises in violent crime, gang activity, drug crimes and theft. The ...

Compensation for birth injuries caused by medical negligence

2013-02-06
Giving birth is inherently a difficult process, and there are many things that can go wrong. Sometimes, babies are born with life-altering conditions that came about through no fault of health care providers. But, when a doctor, nurse or another caregiver caused a birth injury, parents should consult an attorney in order to help secure compensation. Yet, it can be extremely difficult for new parents to recognize when the negligence of hospital staff has led to a birth injury. For that reason, it can be helpful for new parents to learn about some of the most common birth ...

Military divorce: child custody and visitation

2013-02-06
When a person serves in the military, he or she may have special obligations that can complicate other life issues. For example, it may be difficult to address life problems while completing service responsibilities. Fortunately, as laws evolve, service persons are given more leeway and time, permitting them to focus on both military issues and other important life issues. One important issue is child custody and visitation, which can become a highly contested and messy topic subsequent to a military divorce. Child custody At one time, there was a strong presumption ...

Advanced robot at Sugar Land hospital may help reduce surgical errors

2013-02-06
In late December, Memorial Hermann Sugar Land Hospital became the first medical center in the region to receive a da Vinci Surgical System robot. The da Vinci robot represents the latest in advanced surgical technology; unlike previous surgical robots that required three to five small incisions, the da Vinci employs a single-site system that allows procedures to be completed with just one incision. Initially, the new da Vinci robot will be used by several specially trained Memorial Hermann physicians to perform surgeries in three areas: uro-gynecology, gynecology oncology ...

LAST 30 PRESS RELEASES:

Intelligent fight: AI enhances cervical cancer detection

Breakthrough study reveals the secrets behind cordierite’s anomalous thermal expansion

Patient-reported influence of sociopolitical issues on post-Dobbs vasectomy decisions

Radon exposure and gestational diabetes

EMBARGOED UNTIL 1600 GMT, FRIDAY 10 JANUARY 2025: Northumbria space physicist honoured by Royal Astronomical Society

Medicare rules may reduce prescription steering

Red light linked to lowered risk of blood clots

Menarini Group and Insilico Medicine enter a second exclusive global license agreement for an AI discovered preclinical asset targeting high unmet needs in oncology

Climate fee on food could effectively cut greenhouse gas emissions in agriculture while ensuring a social balance

Harnessing microwave flow reaction to convert biomass into useful sugars

Unveiling the secrets of bone strength: the role of biglycan and decorin

Revealing the “true colors” of a single-atom layer of metal alloys

New data on atmosphere from Earth to the edge of space

Self-destructing vaccine offers enhanced protection against tuberculosis in monkeys

Feeding your good gut bacteria through fiber in diet may boost body against infections

Sustainable building components create a good indoor climate

High levels of disordered eating among young people linked to brain differences

Hydrogen peroxide and the mystery of fruit ripening: ‘Signal messengers’ in plants

T cells’ capability to fully prevent acute viral infections opens new avenues for vaccine development

Study suggests that magma composition drives volcanic tremor

Sea surface temperatures and deeper water temperatures reached a new record high in 2024

Connecting through culture: Understanding its relevance in intercultural lingua franca communication

Men more than three times as likely to die from a brain injury, new US study shows

Tongue cancer organoids reveal secrets of chemotherapy resistance

Applications, limitations, and prospects of different muscle atrophy models in sarcopenia and cachexia research

FIFAWC: A dataset with detailed annotation and rich semantics for group activity recognition

Transfer learning-enhanced physics-informed neural network (TLE-PINN): A breakthrough in melt pool prediction for laser melting

Holistic integrative medicine declaration

Hidden transport pathways in graphene confirmed, paving the way for next-generation device innovation

New Neurology® Open Access journal announced

[Press-News.org] Workers' comp denied for out-of-town workers commuting to job site
Travelling employees may face workers' compensation hurdles if hurt while commuting to a job location.