Worker's Comp or NOT?

HR IN AL

We had an employee who was on her 15 minute break at work (We don't require them to clock out for the 15 minutes) and she went out to her car. In the process of doing this, she tripped and fell landing on her shoulder. She went to ER after she got off work and it might be fractured. There are no adverse conditions such as ice, etc. Sidewalk is fine, she just tripped and fell. Would you consider this a Workman's Compensation recordable Accident? Anyone ever had this happen to them? I have called several SAFETY professionals and got a different opinion from every single one of them.

NaeNae55

If she was on our premises (even the parking lot) and on company time it would be work comp in this state. Part of your problem is that every state has its own laws. I would report it to my carrier and let them decide whether it is covered or not.

Good luck!

Nae

BettyBoop FL

In our state it would be workers' comp as it occured on company property. Have your carrier make the determination.

davids

I agree with others that it will depend on your state's regulations. I have had similar claims from employees tripping in the parking lot coming or going from work. The claims have always been accepted.

Dutch2

Same here... a few years back it would have been WC here as well. However, in the past couple of years our WC has changed and if the employee simply stumbles and falls due to no fault of the employer it is not WC. For example there was not a wet spot on the tile floor that should have been cleaned up etc. Is the parking lot your property?
Your WC provider should be able to give you all the assistance you need on this matter. Good luck.

Cheryl S SPHR

My mantra about filing a first report of injury is simple: When in doubt, fill it out! The insurance company will decide if it is compensable.

ACU Frank

Bingo, Cheryl! That way you don't have to be the 'bad guy'!