When it comes to on the job injuries, the work day does not always end when you sign out for the day. In a recent decision, Burdette v. Harrah’s Atlantic City, the Appellate Division held that a Harrah’s Casino employee whose car was still on Harrah’s property was injured during the course of her employment. Only 1 foot of the car was actually on the casino lot when it was struck by another vehicle. The Appellate Division used the ‘premises’ rule in determining that this was a work related injury as Harrah’s had control over the location where the accident occurred.
This concept is referred to as Coming and Going. Once you have reached your employer’s property, you are generally deemed to be within the course of your employment. The same goes for the end of the day. If you haven’t left your employers property, whether or not you have clocked out for the day, you are still protected by your employer’s workers’ compensation coverage. The courts look at whether the employer has control of the area where the injury occurred.
On the contrary, if your employer doesn’t own the parking lot or areas surrounding your workplace, you may not be protected until you have actually reached your workplace. This changes again if your employer requires you to park in a specific location. It all revolves around the amount of control your employer has.
If you’ve been hurt on your way to or from work, you may still be protected by your employer’s workers’ compensation coverage. Please feel free to contact me directly to discuss your claim.