Is my company liable for injury at an off-site work location?
(Las Vegas, NV)
My company required me to drive from home to another work location at the local convention center here in town. I work as a security officer and our main office is at another location. When I arrived to work the convention, I tripped and fell in the parking lot twisting my ankle. I didn't feel any pain until a hour later and notified my supervisor.
I was required to stand on my foot for another 5 hours before being relieved. I went to the hospital the next day and filed a workers comp injury claim. Now my employer says I'm not entitled to workers comp because I technically wasn't on the clock. I was entering the work location they told me to go to at the time I fell. Is my work responsible for my injury? How do I get them to accept responsibility? Thank you.
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ANSWER for "Is my company liable for injury at an off-site work location?":
Robert (Las Vegas, NV):
You pose an interesting question. In most cases, an employee who trips and falls on real property owned or controlled by his employer, while the employee is walking directly to or from his job duties, will be eligible to receive workers compensation benefits.
For your employer (and his insurance company) to be liable for your injuries will require convincing them they had some control over the parking lot where you were injured. That will be difficult.
You have nothing to lose and everything to gain by having completed a DWC-1 injury claim form from your employer. If your claim is denied you will need to consider your options. The severity of your injuries will determine whether a denied claim is worth pursuing. If so, you will need to consider retaining a workers comp attorney.
From the facts you present, it doesn’t appear your ankle injury was very serious. “Twisting” one’s ankle isn’t normally an injury requiring extended medical attention. Your facts seem to imply your only medical bill may have been the one from the emergency room. It’s likely your employer-provided health insurance covered that amount.
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,
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