If you fall in parking lot on way to work and are not on clock, is this workmans comp or a liability claim?

Question

parking lot was icy and not maintained..person was NOT clocked in yet but subsequently did clock in, then went to ER..shouldn't this be a company liability issue and not workman's comp, since it did not occur during any actual work related task..

thanks for any input..

Answer 1

Yes, it isn't worker's comp.

(I stopped calling it workman's comp years ago because it is sexist.)

Answer 2

Most likely it is neither WC or Liability.

In order to be WC - the injury has to arise out of and in the scope of employment. Some states are very liberal in their interpretation - however, some may not apply WC to this.

The ice was a hazard that was there to be seen. Therefore, liability  most likely will not apply.

Sometimes cr@p happens and you don't get paid for it.

Answer 3

It really depends.  The main question is "CONTROL"  did your company pay for the parking?  Does your company require you to come in at a certain time?  Say in this case the person's parking was paid for and that person was suppose to be at work at 8 o'clock, well in some cases he's at "work". There is case law out there about when the insured becomes responsible for the liability.

This is kind of a tweaner in terms of claim management.  Either way there is going to be a 3rd party liability,  In this case you might be able to file both claims just to cover yourself and the insurance could try to work this out.  Check with HR and ask them about control, than either consult with a lawyer or file both claims.

Answer 4

Uh yes it is work comp, you are covered from the time you drive on the parking lot until you drive off.  Even if someone has not "clocked" in.  This is a valid work comp claim.  It is not, however, a liability claim.  It is a liability issue though, as the employer should make walkways safer during the winter in areas that can become icy.  So there is no liability claim that can be filed against the employer.  By the way, it is workers comp not Workman's comp, women work and they are not workmen!!

I have been a work comp adjuster for 18 years.

Answer 5

There might be a basis for a claim, depending on how the laws are about clearing ice from private property. The best idea might be for this person to talk to a lawyer.