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Do I have a workman’s compensation claim if I was injured while leaving work?

Many workers are surprised when we tell them that an injury suffered while leaving work can still be a compensable workers compensation claim. It is understandable that the injured worker might think otherwise; they were off the clock and not working when they fell, and their boss may have even indicated that such an injury would not be covered under workers comp, but this is usually wrong.

In Alabama, an injured employee’s “’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).

What this means is that if you tripped and fell or were struck by something while you were trying to leave your place of business, or in the company provided parking lot, the law considers you still acting in the normal course of your employment and therefore any injuries sustained would be covered by workmans’ compensation.

If you suffered a workers comp, you live or work in anywhere in North Alabama, and you have questions about your workers’ compensation claim and would like to speak with an experienced North Alabama Workmen’s Compensation attorney, the workers compensation lawyers at Powell and Denny would appreciate the chance to help you.

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