A PARKING LOT INJURY CAN BE DEEMED WITHIN COURSE OF EMPLOYMENT
Injury In An Employer Owned Parking Lot Is Within The Course Of Employment
If an employee has ever suffered an injury while in the employer’s parking lot, generally, the injury is deemed to have occurred in the course of employment. The significant factor in determining whether the employee’s injury is deemed within the course of employment is whether the injury occurred in a parking lot that was owned, maintained or controlled by the employer. If the employer owned, maintained or controlled the parking lot at the time the injury was sustained, it is likely the employee may have a workers’ compensation claim. Accordingly, it should be handled no differently from an injury occurring elsewhere in the workplace.
It is also well established that an injury that occurs by an employee during a reasonable period of “ingress or egress” on the employer’s premises remains in the course of employment. Therefore, the employee is entitled to coverage of his injury from the employer. In other words, even if the employee is not working, but is “coming and going” from the immediate workplace and sustains an injury on the employer’s premises, he remains in the course of employment.
On the other hand, an injury by an employee in a public parking lot, or a parking lot not owned, maintained or controlled by the employer is not in the course of employment. Likewise, if an employee suffers an injury that occurs when the employee is traveling to or from his fixed place of employment, the injury generally isn’t deemed in the course of employment.
Contact An Experienced Workers’ Compensation Attorney
If you have any questions regarding whether you may have a workers’ compensation claim as a result of an injury sustained in your employer’s parking lot, contact The Campbell Law Practice, LLC, an experienced Law Firm specializing in Workers’ Compensation for the injured worker.