I think most people would assume that if you are injured in the parking lot at work while walking in or out of your place of employment that you would have a valid workers compensation claim. However, it is not that simple. Actually, parking lot injuries are some of the most legally complicated claims in Ohio workers compensation.
As a general rule, employees injured while coming to or leaving work at a fixed location are not eligible for workers compensation. However, there are exceptions to this general rule and various factors surrounding your parking lot injury impact whether your claim is valid or not.
- Are you a fixed-site employee? i.e., do you work at the same location every day or do you travel to various locations.
- Does your employer own or maintain the parking lot
- Do you share the parking lot with other businesses or the public?
- Do you have other parking options available to you other than the location where you were injured?
- Must you have permission or a pass to park in the lot?
- Did your employer instruct you where to park?
These are just some of the factors that will be considered as to whether your parking lot injury qualifies as a workers compensation claim in Ohio.