Can I receive workers compensation benefits if I was injured before or after clocking out?
In many cases, the answer is yes. It has long been held in Georgia that an injury which occurs during ingress to, or egress from, an employee’s immediate place of work is “in the course of employment” and is compensable. West Point Pepperell. Inc. v. McEntire. 150 Ga Appeals 728 (1979); Mobley v. Durham Iron Company, 83 Ga Appeals 690 (1951).
In Hill v. Omni Hotel at CNN Center. 268 Ga Appeals 144 (2004), the Court of Appeals stated that the general rule in Georgia is “accidents that occur while Employees are traveling to and from work do not arise out of and in the course of employment and thus are not compensable under the Workers’ Compensation Act. But under the “ingress and egress” rule, where an Employee is injured while still on the Employer’s premises in the act of going to or coming from his or her work place, the Act does apply.”
For example, a recent client of Morgan & Morgan injured himself after clocking out at a local factory. He tripped on the stairs while leaving the building, causing a significant injury. When the employer refused to treat the injury as compensable, Morgan & Morgan filed for a hearing. The Judge ruled that the injury was compensable and ordered the employer to pay weekly benefits and medical expenses.
REMEMBER, it is extremely important to promptly report any work-related injury, no matter how slight, to your supervisor. Make sure a written report is made. Morgan & Morgan is here to help with advise and representation.
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