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Slipped on Ice – Workers Comp

slipped on ice workers comp

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Slipped on Ice – Workers Comp

Employees regularly slip on ice at work as a result of an icy sidewalk or icy steps.  A portion of those workers have been injured resulting in a subsequent workers compensation claim.  Unfortunately it is not well known that an injury sustained outside the employers premises is often covered under workers compensation laws and many of those employees who have fallen as a result of an unsalted side walk or steps fail to recover benefits to which they are entitled.  In addition to workers compensation benefits the worker who slipped on ice and injured him or herself could also have a  claim against a property owner or manager.

 

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Employees we have represented that have slipped on an icy sidewalk or icy steps at their employers premises. 

Employees of all professions and occupations are covered by workers comp if they sustain an injury from a slip on ice while at work.  Workers comp would be responsible to pay for the officer personell who slipped on ice in the parking lot.  Workers comp would be responsible to pay for the police officer who fell on ice at the gas station.  Workers Comp would be responsible to pay for the company ceo who fell on ice at the airport.  Workers Comp would even be responsible to pay for the professional football player who slipped on ice during a game!

  • Maintenance worker slipped on an icy side walk outside of the apartment complex where he worked and injured his low back.  Treatment consisted of physical therapy.  We fought to ensure the claim was compensable and that he was entitled to paid for medical treatment as well as future settlement money.
  • Security worker slipped on icy parking lot and sustained a torn ligament in his knee while at work.  We fought and obtained payment for surgery, lost wages, medication, and a substantial settlement.
  • EMS/ paramedic slipped on an icy spot in the fire department garage while leaving work for the day.  We fought and obtained payment for two shoulder surgeries, extensive physical therapy, lost wages, and an overall payout of over $200,000.
  • An electrician was walking from the parking lot to the job site when he slipped on ice and snow on the curb.  He sustained a shoulder injury ultimately requiring surgery.  The case was settled within 6 months of the claim filing for $18,000.
  • Machine operator was walking from her parked car on a snowy parking lot when she slipped on ice and landed on her back.  Medical treatment was fought for and obtained, lost wages were paid, and the claim settled for over $30,000.
  • An employee was driving her car into her employers parking lot when she hit a patch of ice and the car slid into a parked car.  After a short course of therapy the case settled for just under $10,000.

 

If an employee falls on ice at work they are often entitled to workers compensation benefits depending on the particular circumstances of the incident.  So which are covered:

There are a number of questions that should be asked to determine if a slip on ice at work is covered under workers comp because case president is fairly extensive when it comes to this work injury scenario.  

The location of the particular fall relative to the location of expected work is important. 
An employee that slips on ice at there home which is a mile, a block, or even 500 feet from their work location would likely not be covered.  (In certain circumstances they may be covered such as an incident when a police officer is walking to his patrol car to go on a call).  However, a slip and fall in the employers parking lot that is solely used for that particular employer is likely to be a covered workers comp “slip and fall on ice case.”  A slip and fall on ice on the employers premises is almost always covered but there are of course a lot of gray areas.  If the parking lot is used by many different business, like a mall employee, or shopping center employee, the law is not exactly supportive of the injured workers case. 

A unique scenario is when an employee falls on the employers premises but the size of the employers premises is extremely large.  For instance, a slip and fall on ice in the employers parking lot but the employers’ premises is as large as a military base, or medical facility such as Johns Hopkins Hospital.  Even though an employee may have parked in Johns Hopkins parking lot, slipped on ice, and sustained an injury- the fact that they parked in a Hopkins parking lot that is 4 blocks from their office would hinder their claim for workers compensation benefits.

The purpose of the travel or departure from the office or job site is important.
If the travel is at the direction of the employer or a supervisor then the location of the slip and fall on ice while working  will not matter as long as the employee was taking a direct path to the location.  If however there was a departure from the direct path then the slip or fall on ice may not be covered by workers compensation.  For instance: If an employee is ordered to walk to the post office to drop off mail and he or she decides to stop at the coffee shop that is 3 blocks out of the way, and falls at the coffee shop, the slip on ice will not be covered by workers comp.  However in the same scenario, if an employee passes a coffee shop on the direct route to the post office and sustains the injury there then workers compensation would likely be available.

 

 

Potential lawsuit in addition to workers compensation benefits after sustaining an injury from a fall on icy steps or a sidewalk at work

While workers compensation benefits are often available for those employees who sustain a slip and fall outside of the employers building there is also the potential claim for a third party settlement.  If an employee falls on a sidewalk, parking lot, or walkway outside of an employers premises because the surface was icy workers compensation benefits may be sought including lost wages, medical treatment, reimbursement for medical expenses, possible vocational training, and settlement.  

In addition to the workers compensation benefits an employee who slipped or fell on ice may also have a claim against an addition party which would involve a lawsuit.  When a piece of property is maintained by someone other than the employer the property manager may be liable for damages as well.  This is often the case when a company is hired to make sure they salt sidewalks, parking lots, or walkways in the event ice and snow is present.  This would also be a consideration when an employee slips and falls from a broken sidewalk or pot hole.

 

 

 

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I needed a lawyer for my workers compensation case. I was referred to Mr. Rodabaugh. I was very nervous about the case, and a little overwhelmed. Mr. Rodabaugh took extra time to talk to me (lots of questions he answered over the phone) and explained step by step of how everything worked. He was very confident, and made me feel comfortable with my case and decision. I highly recommend Mr. Rodabaugh.
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Slips and falls on ice at work -  Workers Compensation
Article Name
Slips and falls on ice at work - Workers Compensation
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workers comp may be available for employees who have slipped on ice outside of their employers premises. Slipping on ice in parking lots, on special errands, and outside of the employers building are often covered by workers compensation.
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Work Injury Maryland
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