Most of the time, yes. Under the Wisconsin Worker’s Compensation Act (the “Act”), employees who were injured at work, including in employer parking lots, are entitled to worker’s compensation benefits. To be compensable, the injury generally must have occurred “in the course of employment,” which means it happened while the employee was performing service growing out of or incidental to his or her employment. Driving to or from work, off the employer’s premises, is generally not considered “in the course of employment.” However, Wisconsin courts recognize that a worker is in the course of employment when he or she is injured in an employer’s parking lot while going to or from the workplace before, during, and after a shift has ended.
Nonetheless, injured workers are often denied the benefits they deserve after a slip and fall in an employer parking lot. If your claim for benefits was denied, our team of experienced worker’s compensation attorneys at Kingree Law can help. Kingree Law is a premier Wisconsin worker’s compensation law firm that exclusively represents injured workers in claims for benefits. We primarily handle claims outside of the Milwaukee area and have earned a reputation as one of the top worker’s comp law firms in the state.
For a workplace injury to be covered under the Act, it must have occurred “in the course of employment.” A worker who has clocked in and is performing regular job duties is generally considered “in the course of employment,” and any injuries sustained would be covered. Injuries that occur before an employee clocks in or after the employee clocks out are generally not covered. However, injuries suffered in an employer’s parking lot are an important exception. When an employee is injured in a slip and fall accident in their employer’s designated parking lot or in a parking lot that was in the immediate vicinity of the employer’s premises, the accident might be covered by worker’s comp regardless of whether the employee was clocked in or clocked out.
Not all slip and fall injuries in an employer parking lot are covered under the Act. Multiple factors must be evaluated to determine whether the injured worker is entitled to benefits.
Injuries that occur in an employer-designated parking lot are generally considered to have occurred on the employer’s premises and will be covered under the Act, even if the employer did not own the parking lot. The claim may be denied if the employee chooses to park in a lot the employer did not designate.
If the fall occurred immediately before the employee clocked in or immediately after the employee clocked out, the accident is more likely to be covered. However, if the fall happened substantially after hours or at a time when the employee was not performing work-related duties, the claim might not be covered. Note that picking up paychecks on a day off is covered.
The specific circumstances of the fall can also be a factor in whether the injuries are covered by the Act. To be compensable, the injuries must have occurred while the employee was going to or from their employment “in the ordinary and usual way.” Even a slight deviation from the ordinary and usual way could be enough to remove the injury from coverage under the Act.
For example, the Wisconsin Supreme Court found that an employee was not leaving work in the “ordinary and usual way” when she walked past her car door to show a co-worker an item in the trunk of her car. While the employee argued the deviation was insignificant, the Court disagreed, finding her conduct was a deviation and that her injuries were not covered under the Act.
Obtaining worker’s compensation benefits for injuries caused by a slip and fall in an employer parking lot can be challenging, and the specific circumstances of the accident can be a factor. If you were injured in a slip and fall in an employer parking lot, you should protect yourself by:
Injuries caused by a slip and fall in an employer parking lot will be covered through worker’s compensation, but only in specific circumstances. If a workplace injury caused significant lost time from work, permanent disability, permanent wage loss, joint replacement, or if your claim for worker’s compensation benefits was denied, Kingree Law can help. Our team is committed to providing high-quality legal representation in Wisconsin worker’s compensation claims. Contact Kingree Law today to schedule an appointment to discuss your situation and how we can assist you.
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