Recovering Workers Compensation Benefits
In order to recover workers’ compensation benefits, an employee must suffer an injury during the course and scope of his/her employment. Even though not officially “on-the-clock”, an employee who is injured by a dangerous condition on the employer’s premises may be entitled to workers’ compensation benefits. This situation most often arises when an employee is injured while walking to or from his/her car parked in an employer-owned and controlled parking lot.
In Bockelman v. W.C.A.B. (U.S. Airways), the Commonwealth Court of Pennsylvania recently held that a flight attendant who was injured when she slipped and fell on a puddle of water while riding a shuttle bus at the Philadelphia Airport was entitled to workers’ compensation benefits. In denying her claim, Ms. Bockelman’s employer U.S. Airways argued that it did not own the parking lot or the shuttle bus, so the injury did not occur on its premises. However, the Court determined that U.S. Airways knew its employees used the parking lot and the shuttle bus and because they essentially had no other means to arrive for and leave from their work shift, the parking lot and the shuttle bus were such an integral part of U.S. Airway’s business that they were deem to be part of its’ premises.
The Bockelman decision is a very favorable decision for Pennsylvania workers. Importantly, its holding is not limited to employees injured on airport shuttle buses. Rather, its reach potentially includes any employee injured due to a hazardous condition in any employer-sanctioned parking lot.
A Pennsylvania Workers’ Comp Attorney will fight for your benefits
If you were injured in a work accident, contact Dougherty, Leventhal & Price, LLP for a free consultation with a workers compensation attorney as soon as possible.
