Question: Our employee fell in the parking lot on their way to work, prior to clocking in for their shift. Would the injury be considered a compensable workers’ comp claim if the worker had not yet started their shift?
Answer: Probably not, but small details could change the answer. To be a compensable workers’ comp claim, the injury must have occurred “in the course of employment.” An employee’s normal commute to and from work is generally not considered in the course of employment, but where and how the employee sustains an injury makes a difference. Pre-shift and post-shift injuries occurring in a parking area are generally not compensable, but if the injury was caused by a hazard not commonly shared by the general public in an area the company has control over, it would be considered compensable. For example, if the worker tripped over a rock in the parking lot, that would likely not be compensable since the general public commonly deals with rocks in parking lots. On the other hand, if the worker is injured crossing the path of a forklift on the way from their car to the facility, the injury would most likely be considered compensable. In that scenario, even though the employee was not on the clock, they were exposed to a hazard not common to the general public (i.e. walking across the path of a forklift), so the injury would be compensable.
Determining whether an injury is a compensable workers’ compensation claim can depend on small details. If you participate in one of Vigilant’s workers’ compensation programs, thankfully your assigned Vigilant claims manager will work through those details for you. If your employee is injured before or after work, you should still complete an incident report like you would for any other injury. If available, document witness statements, secure surveillance video, and complete a diagram of the area noting exactly where the worker sustained their injury. Your Vigilant claims manager will work to get the claim denied if the injury occurred outside the course of employment.
If you’re not in our Retro or claims management program, you’re missing out on expert guidance for tricky claims like these. Connect with us now to learn more about working with a dedicated Vigilant claims manager.