Work Injury In Employer’s Parking Lot

Date: March 1, 2011
Posted In: DLP Law

                        Tammy had just arrived at her employer\’s parking lot,  parked her car, and started walking towards the entrance to the building where she worked. Unfortunately there was some black ice and Tammy slipped and fell forward, breaking her right wrist as a result of trying to break her fall. Tammy was not scheduled to start working until 9:00 a.m. and she fell at approximately 8:50 a.m.

ISSUE:          Should Tammy submit her medical bills to her health care insurance or through her employer\’s Workers\’ Compensation insurance?

ANSWER:     Tammy\’s employer\’s Workers\’ Compensation carrier will be responsible to pay all of Tammy\’s bills as well as her lost time benefits. The fact that Tammy had not actually started working makes no difference. Since Tammy fell in her employer\’s parking lot on her way into work, she would be covered. Likewise, if Tammy was in a car accident on her employer\’s property when she was arriving at or leaving work, she would be covered as well.

Disclaimer: The above article is for instructive purposes only and each case is fact sensitive.  Consultation with an attorney should be obtained instead of reliance upon the legal issues discussed in this column. 

Tom Cummings
Thomas P. Cummings has been a Partner with Dougherty Leventhal & Price, LLP since 1996 and has been with the firm since 1991. He focuses his practice on workers’ compensation, Social Security Disability and personal injury cases.