A worker parked at an adjacent parking lot because it has provided closer access to the front entrance to the building. We have in times past secured permission for a certain number of workers to use these parking spaces. However, during winter a worker stepped over a mound of ice and snow that bordered the two parking lots, and slipped on black ice that he did not see.
The consequence is that he injured his neck. He went to the City’s physician’s office and was sent home for 4 days. His work day had not yet started at the time he fell. He fell at 6:50 AM on the way to the office. His work day started at 7:00 AM. He was not yet on the clock. Is this a job related injury, or is this a liability injury?
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.
From the set of facts you present this appears to be a legitimate workers’ compensation claim. Because the employer secured permission for its workers to park there, the law presumes the employer had total or partial control of the lot. Under that legal presumption, the employer has a legal duty to use all reasonable efforts to keep that parking area safe for its workers.
While the employer may argue maintenance of the parking lot was not under its purview, the employer still had a duty to make sure the owner of the parking lot made the lot safe for its workers.
Finally, the law normally presumes once a worker is on his employer’s premise, or an area under the employer’s control, and that worker is walking from that parking lot directly to his job, that the walk is considered part of the worker’s workday, even if the “official” work day hadn’t begun.
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,
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