More than one million people seek medical treatment each year for slip-and-fall injuries, according to the Centers for Disease Control and Prevention (CDC). Slips, trips, and falls comprise 15% of all work-related injuries, which account for between 12% and 15% of all Workers’ Compensation expenses. Outdoor parking lots are high-risk areas for workplace slips and falls, particularly during the winter months when ice and snow hazards exist. Accident studies indicate that almost 80% of slips and falls due to snow and ice occur in parking lots or on sidewalks.
What happens when an employee slips and falls in a parking lot? Does Workers’ Compensation cover the injury? The answer depends on several key factors.
“Ingress and Egress” Rule
If an employee trips and falls in a parking lot, the first thing in determining if an injury is compensable under Workers’ Compensation are the laws as they apply to the “ingress and egress” (“coming and going”) rule in the state in which the incident occurs. According to the “ingress and egress” rule, if an employee is injured while commuting to and from a fixed site of employment at the start or end of his or her shift, the injury is generally not covered by Workers’ Compensation. When an employee arrives at the employer’s premises, the “ingress and egress” rule ends.
However, this isn’t as clear-cut as one may think. There is a period during the course of employment that, depending on the jurisdiction, includes a reasonable time for going to and coming from the place of work while on the employer’s premises, which may include a parking lot that is owned, controlled, or maintained by the employer. Each state has its own Workers’ Compensation laws, and state courts interpret the “ingress and egress” rule differently. It’s important to know these laws.
Determining Compensability via a Diligent Investigation
Once the claim is filed for the slip-and-fall parking lot injury, the insurance company will conduct a full investigation. Some of the issues that they will look into to determine compensability include:
- Who owns and maintains the parking lot? Is it the employer or a third party?
- Are employees required to park in a specific area in the lot?
- When did the incident occur? Did the injury occur during the course and scope of employment?
- Is the employee on the clock or a salaried worker? Is the injured worker a traveling employee? (Traveling employees are covered from the moment they leave their home until they return unless there is some major deviation.)
- Was the cause of the injury due to a maintenance issue, such as a buildup of ice, the lack of snow removal, or a defect (cracks, potholes) in the parking lot? Or is the injury considered idiopathic with no identifiable cause? In some states idiopathic falls would not be covered if there was nothing found in the parking lot that caused the fall.
- What were the weather conditions at the time of the fall?
- Is there a video of the incident?
Trips and Falls in Non-owned Employer Parking Lots
If the parking lot is not in the care, custody, and control of the employer, it’s most likely a liability issue in which the owner of the parking lot will be responsible for the employee’s injury and expenses. However, there are certain issues that may come into play in which the employee injury would be compensable under Workers’ Compensation.
For example, the employer may require employees to park in this designated location, the injury may have occurred during the course and scope of employment, and other requirements for an injury to be covered under Workers’ Compensation (again depending on the jurisdiction) may also have been met. In this case, the Workers’ Compensation insurer would cover the claim and look for subrogation (money back) from the parking lot owner. If during the investigation, however, it was determined the injury did not occur during the course and scope of employment and the claim is denied, it would be up to the injured employee to seek recourse from the parking lot owner.
Preventing Claims: Risk Management
Compensability for work-related parking lot slips and falls is complicated. Prescient National stresses the importance for employers who own their parking lots to keep them in good repair and keep up with maintenance. Check for hazards like potholes, cracks and uneven surfaces that can increase the risk of a slip or fall. We also suggest installing video cameras for security purposes and to help determine how an incident occurred.
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