When a Macon-based worker is injured during an out-of-state temporary assignment, Georgia has jurisdiction over the workers’ compensation claim when the statutory connections to the state are present. Under O.C.G.A. § 34-9-242, an accident occurring while the employee is working outside Georgia is covered as if it had occurred in Georgia when specific conditions are met.
The conditions are:
- The contract of employment was made in Georgia
- Either the employer’s place of business or the employee’s residence is in Georgia
- The contract was not expressly for service performed exclusively outside Georgia
A worker based in Macon who lives in Georgia and was hired in Georgia generally satisfies these conditions, so a temporary out-of-state assignment does not by itself remove the claim from Georgia’s reach. The fact that the injury physically happened in another state is not controlling when the employment relationship is rooted in Georgia. Georgia decisions have also looked to where the employment relationship is principally located, so a worker whose job is centered in Georgia generally stays within the state’s authority even while temporarily assigned elsewhere.
More than one state can have jurisdiction over the same injury. The state where the accident occurred may also provide coverage, which means the worker could have a choice of forum, and an award obtained in another state is credited against what Georgia would owe to prevent double recovery. Insurers sometimes press an injured worker to pursue a claim in whichever state offers lower benefits. For a Georgia resident hired in Georgia, then, a temporary assignment in another state does not strip the Georgia Board of authority over the resulting claim.