Does Your Employer Have Control?
In a recent Court of Appeals case, the Court talked about the general rule that a worker who is coming or going from work or from a break is not covered under workers’ compensation unless there is an exception to the rule. One of the exceptions is if you are injured in an area controlled by the employer, for example, the parking lot where you are told to park.
If an injury occurs in an area that you are free to be in, in this case a smoking hut just outside of the employer’s premises, and you are injured coming back to work, if your employer has any “control” over the area as it does over its parking lot, then your injury should be covered by the work insurance.
If you have a denied workers’ compensation claim or have questions regarding your on-the-job claim, contact our office