Employee fell while walking up to the front door of the office...

by Bruce
(Rohnert Park, CA)

An employee tripped, fell and sustained injuries while walking up to the front door of work. She was not yet on the clock but was arriving to work when she fell.

Is she covered by worker's compensation? If not, who does she claim against, the building manager or owner? Are there any relevant statutes in California that govern this type of injury claim? Thanks for any relevant information you can give.

Visitor Question:
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ANSWER for "Employee fell while walking up to the front door of the office...":

Bruce (Rohnert Park, CA):

Your employee should be covered by your company workers compensation IF your company had some “control” over the area upon which your employee fell. Workers compensation and personal injury law in California are similar when it comes to employee injuries.

Control over property is the issue. If your company was responsible for the maintenance of the area upon which your employee fell, or in some other way contributes financially to a third party, including the building owner, who is responsible for maintenance of the area, then your company and its workers compensation insurance will be responsible.

If your company had no control over the area, then your company should not be liable for her injuries, or for workers compensation benefits. Instead, your employee will need to seek compensation for her injuries from the company responsible for the area upon which she feel and was injured.

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

Best of luck,

Judge Calisi

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