Does this qualify for WC?

[janedoe23]

What is the name of your state (only U.S. law)? IN

I'm asking this for my mother.

If an employee clocks out at the end of their shift and is injured going into the parking lot would it still be WC? Or because she clocked out it isn't considered WC?

My mom broke her ankle as she left her place of employment. She had just walked out the door and was still on the property of the hospital. She basically fell off one of the curbs and fractured her ankle. She had to have surgery to fix break.

Any info will be great. Thanks!

 

[NLW]

Has your mother reported this claim to her employer requesting workers' compensation benefits? If she hasn't, she should.

These claims can be tricky, and there are a lot of factors that will determine whether the injury qualifies for workers' compensation benefits - most of which relate to the control and direction provided by her employer. Did they require her to use this parking lot or a certain area of the parking lot? If it happened on the employer's premisis, it is more likely than not that it would be covered.

 

[racer72]

Worker's comp is for folks that are injured while performing the duties of their employment. Rarely is walking to the parking lot at the end of the shift considered part of one's job. She can file a claim, her odds of having it accepted are somewhere between slim and none and slim is on his way out of town.

 

[mlane58]

Worker's comp is for folks that are injured while performing the duties of their employment. Rarely is walking to the parking lot at the end of the shift considered part of one's job. She can file a claim, her odds of having it accepted are somewhere between slim and none and slim is on his way out of town.

Not true racer, there have been plenty of claims and some case law that has allowed claims to go through even though the claimant was performing the job at the time. I don't have my hands on the case law, but it also will be upto the state as wc claims are state specific.

 

[racer72]

Not true racer, there have been plenty of claims and some case law that has allowed claims to go through even though the claimant was performing the job at the time. I don't have my hands on the case law, but it also will be upto the state as wc claims are state specific.

I do have plenty of case law on my side. In one case, a woman was injured while using the restroom at work while on the clock. A state supreme court ruled the injury did not occur during the perfomance of her duties and that the state was correct in denying her WC claim. In another, a guy was driving from one work location to another, he was not on the clock during the commute. He was involved in a car accident that resulted in a serious injury. His claim was denied, he was not on the clock when the injury occured.

The case stated by the OP does not come close to being a valid WC claim. The OP's mother needs to determine if there was any negligence with the owner of the property. If not, she needs to chalk it up to being clumsy.

 

[mlane58]

In most states there is "going and coming" rule where an injury is compensable if the worker is engaged in normal coming and going activity at the time it occurs and has access to the place where it occurs because of his employment. I believe the OP's situation fits into this rule.

 

[NLW]

mlane 58 is right. This is clearly a "coming and going rule" case. Like I said, these cases are tricky. With all case law, the issues are very fact specific, and you can't apply a piece of case law to every case. The cases metioned by racer72 aren't anything like the situation janedoe23's mother found herself in.

Generally, in most states, an employee is covered as soon as she steps foot on the employer's premises - unless she significantly deviates from employment. There is a lot of information we don't know - did her employer require her to park in this parking lot? Was she required to enter and leave from a particular location in the building? Is this parking lot only used by employees, or is it open to the general public (like a parking building where you pay to park)? Did she have to use this parking lot or area to get to her work area?

Let's say she worked in a building 2 blocks from where her car was parked in a parking garage. If she fell in that parking garage, that is used by the general public, and the employer had no input as to where she parked, that would NOT be compensable. This case is clearly different.

There is no way that we can determine whether this case is compensable under the workers' compensation laws of Indiana without more information. I recommend that janedoe23's mother report this claim to her employer, so that the workers' compensation carrier can collect the pertinent information to render a decision.

I'm willing to bet it's compensable (based on the limited information we have).

 

[janedoe23]

Thanks to everyone who has responded thus far.

I will try to answer some questions or be more precise on the events.

My mom is an ER nurse and clocked out after a 12 hour shift and was preparing to leave. She exited out the ambulance bay and stepped off the curb around the bay and just snapped her ankle. People including ER staff seen this happen and rushed out to help her. She was brought back into ER where she was x-rayed and found to be broken. While in the ER one of her coworkers filled out papers for workman's comp.

A few days pass and after surgery has already been done someone from workman's comp calls and says she doesn't fit the criteria for WC but she hasn't been denied yet. This woman basically said it was a "stupidity clause" which meant it was just a clumsy mistake on her part.

There is nothing wrong with the curb she fell off or anything that would make her fall. She just wasn't sure if they were still liable because it happened right outside their doors.

ETA: She was parked in an employee parking lot on their premises in the back of the hospital.

 

[NLW]

EEEK! Stupidity Clause???? I DON'T THINK SO.

The entire principle behind workers' compensation is that it is NO FAULT. Workers' compensation was instituted as a trade off between employers and employees - employees could no longer sue for pain and suffering and punitive damages because workers' compensation benefits are limited. This is the protection afforded to the employer - it limits the exposure. The trade off is that the employee is protected whether the cause of injury was her fault or not (with some exceptions including trying to hurt yourself on purpose, or intoxication, etc.).

So in other words, your mother received incorrect information. Being that she was parked in a designated area for employees to park, and was still on the premises, I think this case would be covered.

Have you received any paperwork? If your mother's case is denied, the insurance carrier must send papework. There are time limits as to how long your mother would have to appeal this denial. Check out this link - it is the injured workers' handbook that is published by the Workers' Compensation Board of Indiana. It has a lot of useful information about the laws in your state.

http://www.in.gov/wcb/handbook/HANDBK2007.htm

Also, the Workers' Compensation Board of Indiana has staff that can answer some of your questions as well. The number is (800) 824-COMP.

 

[janedoe23]

Just an update!

My mother is having a consultation with a lawyer next week on whether or not she has a case. From what the lawyer says she does indeed have a case.

My mom went with a lawyer because she had no other choice. WC denied paying any bills because they say it's not a WC injury. My mom's insurance won't pay the bills because they say it's a WC claim.

Mean while thousands of dollars worth of medical bills are due and no one wants to pay them.

 

[Tallrat]

Broke my leg getting out of car last Nov going into work and I was covered. Good luck with mom.

 

[janedoe23]

Update for anyone in similar situation.

My mother just settled her WC case. In the end she was determined to have some degree of permanent disabilty. After getting a lawyer everything went smooth and her bills started to get paid. It's a shame she had to get a lawyer just for WC to accept liability.

Thank you to all for any advice offered. I think if I didn't ask and get the advice I did she would be paying her own medical bills right now.

ETA: By all means my mother did not hold the hospital liable for anything as she knew she was being "clumsy" but when her insurance through her hospital (which she pays for) didn't cover the medical bills because they stated it was WC she didn't have any choice but to pursue WC.

 

[cbg]

Sorry I didn't see this sooner.

Whether or not something like this is covered under w/c is largely a matter of state law. In some states it would; in others it wouldn't. There isn't a hard and fast answer that is going to apply nationwide.