I am a salesperson and slip and fell in a parking lot on the way to work. Is my employer liable to provide workers comp?

Question: I am a salesperson.  Yesterday when I was walking from my car to the office, I slipped on ice in the parking lot and broke my ankle.  Can I file for workers’ compensation even if I wasn’t at work?

Response: The specific injuries covered by workers’ compensation programs will vary by state, so you should speak to an attorney in your state to determine what the law in your state covers.  However, in many states, injuries sustained in the parking lot while you are making your way to work will be covered under workers’ compensation.  If they are not covered in your state or in your circumstances, you may still be able to pursue a personal injury lawsuit against the owner of the premises.

Historically, injuries sustained by employees on the way to work were not covered by workers’ compensation.  The dangers of a worker’s commute are common among all workers, and employees are usually responsible for providing their own transportation.  However, some courts have carved out exceptions to the general rule. The “premises exception” applies when the employer has provided a parking lot on its own property.  Once an employee has entered the parking lot (either on the way to work or on the way home from work), injuries that employee sustains in the parking lot will likely be covered by workers’ compensation, even if the employee was not engaged in work-related activities at the time.

The “proximity exception” applies when the employer does not provide a parking lot, but controls or sanctions parking in an offsite parking lot.  The worker may claim the exception when there is a “special hazard” at the offsite parking lot, and the route between the parking lot and the place of employment is closely related to the premises. The first thing to do if you are injured at work is to alert your supervisor or other administrative official about your injury. To determine the controlling law in your state and find out if your injury in the parking lot is covered, you should speak to an attorney in your area.

Answered by Kristen Lawfer

Additional Resource:

• How to File Workers Compensation Claims
• On the Job Injury

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