Fall in parking lot: premises liability or work comp?

Ginger P

An employee rushes to get to work on time, falls going up the stairs to enter the building. Sprains ankle. Is this workers compensation, even though she has not clocked in for work, or is this premises liability? This occurred in Missouri. Are various state laws different regarding this?

Big Fred

You may have to eat this one. While working in the auto industry, in the state of KY, I an employee sliped on ice in the parking lot. Consequently, we were advised that the accident would be classified under worker's comp. Generally, WC claims are only valid when the employee can demostrate that the incident resulted from a specific work related task. However, a history of court cases have shown that employees injured while taking showers before and after work, employees injured playing a company sponsored sport and employees injured during company picnics have been compensated under WC. Please consult your WC counsel.

Tony Kessler

Since you said this was a Missouri incident, here is a note from John Vering, editor of Missouri Employment Law Letter, addressing the workers' comp angle in your question:

If the injury is on the employer's premises, there is no doubt that it would be compensable under workers' compensation in the state of Missouri. In fact, there are numerous cases holding that the employer is liable for
injuries employees sustain getting from their car to their place of
employment, even though the employer wasn't in control of the premises, if
they were using a route explicitly or tacitly approved by the employer.
John Vering
Editor, Missouri Employment Law Letter
[email]jvering@armstrongteasdale.com[/email]
Armstrong Teasdale LLP
1-800-243-5070

HansOSteele

I wouldlike to add that this occurence most likely would need to be listed on your OSHA 200 log as well as it relating to work comp. Check out your 'blue book' also known as "Recordkeeping Guidelines for Occupational Injuries and Illnesses", just to be on the safe side.

CuriousG

Taking this as a Worker's Comp claim may not be all bad. Worker's Compensation spells out the limits of the recovery an employee is entitled to. Under premises liability your employee might sue for things like "pain and suffering" which would not usually be available under Worker's Comp.