Visitor Question

Slipped on ice on way to restaurant…

Submitted By: Bryan (Cleveland, Ohio)

I had arrived at work, but left the office to go to the restaurant next door to buy breakfast. I slipped on ice and injured my shoulder in the parking lot. I went to the hospital and received treatment. I was unable to work the rest of the day and part of the following day. I spent the next 3 week in a sling.

My employer leases an office in the building, so they do not own the parking lot. My claim was denied based on “not in course of employment”. Do I have a case to make on appeal? How else can I get compensation for the medical bills and lost work? Thank you.

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 Bryan,

Unless your job duties included leaving the office to purchase food, then you were not injured while performing, or “within the scope of your normal work duties.” As a result, workers’ compensation insurance is likely to deny your claim.

However, you may have a legitimate personal injury claim against the owner of the parking lot. That may be the case if the parking lot owner failed to take reasonable action to remove the ice.

However, if the owner did all he or she could reasonably do to melt ice in the parking lot, but because of the weather it was impossible to keep the parking lot free of ice 24 hours a day, or at least during normal business hours, then your claim may fail.

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: May 1, 2015

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