Coworker broke my leg

[CameronNewport]

Originally Posted by Zigner

Ahhh, but our OP was already DONE with the event. When one clocks out and goes out to the lot and enters his car, he's already DONE. Cameron, get off of it. You are wrong. But you're used to that.
I'm done with you in this thread. Have fun trying to connect the elusive, non-existent dots.

You don't read so well, huh?

"When a worker is injured at a place where his employment requires him to be while engaged in an activity reasonably connected with or incidental to his or her employment, compensation is allowable even if the injury occurs after the employee's actual employment labors are completed."

"Injuries sustained in automobile mishaps in company parking lots arise out of employment"

I think I see where your problem lies, however. You're applying Ziggy law to the facts. But the OP's incident occurred in Virginia, and therefore, Virginia law should be applied. If you'd have researched Virginia law, you may have found the Virginia case I quoted from above, in which the court ruled that a person who was injured in her employer's parking lot after leaving a work party was entitled to worker's compensation. The OP is probably not interested in how the Ziggy courts would rule.



BTW: You were done in this thread a long time ago.

[cbg]

The courts in VA ruled that in one specific instance, which is NOT that of our poster, it was required, and therefore can be allowable. They did NOT say that across the board, in all situations, without exception, an accident that happens in a parking lot will be covered.

[CameronNewport]

Originally Posted by cbg

They did NOT say that across the board, in all situations, without exception, an accident that happens in a parking lot will be covered.

So what? Who argued that? Not I. Here's what I wrote:

It is possible that you can collect under a worker's compensation argument depending on the facts.

and

The OP was injured while attending an employer sponsored event. That is enough to lead a knowledgeable person to believe that there may be a WC case here (depending on the rest of the facts).

and

My "guess" is that the OP hasn't provided enough info to conclude whether or not he has a WC claim. But he has provided enough info to conclude that he may have a WC claim.

In sum, here is what the VA courts have held: Under certain circumstances, an employee may be covered by WC if he is injured in his employer's parking lot after leaving an employer sponsored social event.

Have my posts not been in line with the VA courts? Yes they have. Here's an example of a post not in line with the VA courts:

Originally Posted by Zigner

There is NOTHING in this thread to lead any of US (including you Mr. Contrarian) to believe there is a WC case to be had.

Here's another example:

Originally Posted by Zigner

When one clocks out and goes out to the lot and enters his car, he's already DONE.

Those last two posts are clearly wrong.

[NLW]

Cameron is clearly on point here. Many courts allow benefits if the company function is perceived by the employee to be mandatory. Further, all of the answers to the very pertinent questions posted by Beanie tell me that you may have a workers' compensation claim.

There are no guarantees. I would suspect that with this fact pattern, your case would need to be litigated.

If I were you, I would talk with the employer and see what he says. Is he willing to help you out? What are his feelings on you filing with the workers' compensation carrier?

I mean really - he has to be a little nervous about the entire situation, right? Giving employees booze and then sending them out to drive...there is clearly negligence on his part. If you don't care about having your job, you could sue under tort law in a civil court. This will be a long, drawn out process that could last years, and you only get paid at the end.

[Beanie711]

We can all argue back and forth endlessly, but in the end it has nothing to do with what we think.

I agree with cyjeff-- jimbeam, just talk to your employer about it and see what they think about it and find out what their insurance said about it.

[ignitespeed]

Originally Posted by jimbeam

If I could afford it I'd have a billion dollar policy that covered everybody (including myself) and everything. I'm not that rich yet, so I only have the state's minimum at this time.

Somebody told me that my boss can't take revenge by firing me if I file a worker's comp claim. Is that true?

lol is this a joke ? Your contemplating a realm of suing your boss yet still being employed by the same boss ?.....

[1good guy]

I was once a restaurant manager. A waitress clocked out and had a couple of beers. She fell, wearing heels (she had changed after her shift), and broke her leg. VA comp did pay...stating that she had the right to leave work in a safe manner. She was off the clock.