Falling but not clocked in, 2 claims?....

Nevada · May 2003

I need someone's help on a Workman's Compensation Question....
An employee coming into work, falls on the steps of the parking garage, not yet clocked in. Security guard of the building we rent space from makes out an accident report. Is this a workman's comp. claim also? Can this person get workman's comp to pay her and the building managers insurance to pay her too? Will she have to decide to either put a claim into workman's comp or the building managers? What is the to and from rule that someone mentioned in this forum? I had information that if the building managers were going to take resposibility for the fall,then you don't file a claim with workman's comp.too. Is this correct? Or can you do both. I am new at this and need your expert advise. Help...
Thank you in advance,
Liz

Balloonman · May 2003

This falls under the coming and going rule.............the only way I would not consider it WC is if the steps were defective or in some way dangerous. I would let the employee know that it is WC and be done with it. They cannot have it both ways, liability and WC. Makes things simpler. It is WC it IS NOT an OSHA recordable.
My $0.02 worth.
DJ The Balloonman

Nevada · May 2003

Thank you, Thank you, Thank you!!!!!

sandra_d · May 2003

You should turn it in to your work comp carrier with all of the facts. They very well may pursue reimbursement of their expenses from the liability carrier for the parking garage - but that is not your issue to pursue.

Don D · May 2003

I agree. If she is obligated to punch in to be considered 'at work' I think the personal lines liability of the owner of the property would be the one to file with. File comp and they will likely controvert and punt to the building owner's building insurance. In any event, let those two carriers duke it out. Thankfully this is one of the few things HR doesn't have to decide.

njjel · May 2003

This probably is not w.c. It would fall under the liability insurance of whomever owns the building.

Falling but not clocked in, 2 claims?....

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