Injured on Employer’s Premise Prior to Beginning Work or Leaving Work – Compensable?
Generally, case law has held that an injury occurring on the employer’s premises when coming or going from work, even for a meal, is compensable. Case law has held that getting to one’s workstation is a necessary part of a job.
Therefore, if you slip and fall in your employer’s parking lot you could be eligible for workers’ compensation benefits. Cases of this nature have held that arriving between 15-30 minutes before your required start time is ok and compensable. The Courts have stated that “an employee is considered to be within the course of his employment if on the premises where he is employed a reasonable length of time before the hour fixed to commence his duties.”
Other examples of compensable injuries include:
–employee injured when fell in office lobby after returning from lunch
–employee injured while picking up her paycheck on her day off as it was an employer approved practice
–employee injured while helping to push a co-worker’s car out of the snow in the employer’s parking lot
–employee injured while sleeping in the car in employer’s parking lot 30 minutes prior the start of employee’s shift when struck by a co-worker’s car
–employee injured after retrieving his clean uniforms prior to the start of his shift, returning to place uniforms in his car, and then sipping on ice while returning to employer’s business to start his shift
Each case is different, but an experienced attorney can compare your situation to the law and help you get the benefits you deserve. Injured workers should talk to an experienced Workers’ Compensation attorney whenever they suffer an injury on their employer’s premises. Even if the injury does not happen during their shift.