Do I have a workers’ compensation claim if my injury occurred while I was in the Parking Lot?
Alabama Workman’s Comp benefits are not limited solely to workers who were hurt at work while they on the clock. Under Alabama’s Workers’ Compensation law, “’employment is not limited by the actual time when the workman reaches the scene of his labor and begins it nor when he ceases, but includes a reasonable time, space, and opportunity before and after while he is at or near his place of employment. One of the tests is whether the workman is still on the premises of his employer. It was further stated that an employee’s completing his actual service for the workday and preparing to leave the employer’s premises at a suitable interval of time thereafter are acts naturally related and incidental to the course of employment.'” Cook v. AFC Enterprises, Inc., 826 So.2d 174, 177-178 (Ala.Civ.App.2002)(quoting from Thompson v. Anserall, Inc., 522 So.2d 284, 286 (Ala.Civ.App.1988).
One important question is whether the parking lot is provided by your employer for employee use; is it “their” parking lot. Injuries in public parking lots would not be covered, and a personal injury action might be appropriate, but if you suffered your injury while going to, or leaving, work, then you will most likely be held to covered by your employer’s workers compensation insurance carrier.
So, if were hurt at work while not being “on the clock,” but you were in the parking lot engaged in activity related to your job, including getting ready to begin work or preparing to leave work, then you may be entitled to workman’s compensation benefits.
If you live in Alabama and you have questions about your rights under Alabama’s Workers Comp Statute, don’t hesitate to contact one of the experienced Alabama Workers Compensation Lawyers at Powell and Denny today.
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