I have dealt with many cases where someone slipped in the parking lot on the way into work and had their employer’s workers’ compensation insurance company deny the case. This could be considered a work injury but often the insurance company, or the employer, will say: “You were off the clock” or “Your injury didn’t happen in a work area.” This is incorrect and you are probably covered, as long as your slip happened on the way into work or on the way out from work in an area designated by the employer for entry or exit or in the employee parking lot.
There are a few different issues at play here, but the important take away is that even when the insurance company tells you that something will not be covered, it does not mean that is the whole truth. They may tell you that because they are in the business of denying claims that they think they can deny regardless of whether a judge would disagree with that denial. In some cases, they may tell you that it will not be covered because they do not fully understand the nature of your injury or how it occurred. The important thing to know is that they are experienced in denying claims based on the circumstances reported to them. They will ask you questions that are designed to elicit answers that will help them deny. Ultimately, the important takeaway is that you need someone on your side who knows the tricks most insurance companies use to deny your workers’ comp claim.
These cases are more complicated than they appear at first, so if you were hurt on the way to work or home, call an attorney as soon as possible to talk about your case. Most attorneys, myself included, will offer a free consultation over the phone or in person to let you know what you can expect in your case. If you would like to talk to someone about your case, you can call me at 303-792-5595 or submit a request using the button on the right side of the page to have someone from our office contact you.