Visitor Question

Claim for slipping on black ice in the parking lot at work?

Submitted By: Lawrence (Saugus, MA)

I reside in Massachusetts and I slipped on black ice in the parking lot at work. I needed medical attention which led to an overnight stay for observation at the hospital.

My employer leases half the building. Do I need to make a claim for hospital bills, etc. from the owner of the building? Can I even do this? Is my employer solely responsible and if so, should I file a workers compensation claim? This is all confusing to me. Thanks for any clarity you can give to this situation.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Lawrence,

Presuming you slipped and fell while walking directly from your car to your office, or directly from the office to your car, you should be covered by workers compensation insurance. This is because your employer has some form of “control” over the parking lot. Because your empoyer owns all or part of the building, he or she likely pays for part or all of the maintenance of the parking lot, its security, lighting, etc.

If so, you should be entitled to medical care, out of pocket expenses for medications, costs of transportation to and from treatment, and a portion of your lost wages. Workers compensation generally does not cover pain and suffering.

Additionally, with workers compensation you will not have to prove your employer was negligent. Negligence is not a requirement for workers comp claims. All you will need is evidence you slipped and fell in the parking lot while walking to or from work, while on the premises.

Hopefully you had witnesses, or reported the fall to your supervisor at, or near the time you slipped and fell. Otherwise, there is a possibility your employer may claim you were injured elsewhere. Ask your employer to refer you to a company-approved workers compensation doctor. You have that right. Your claim will proceed from there.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: January 4, 2014

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