It’s lunchtime, and you tell your boss you are heading out to grab some tacos. She asks if you can also pick up the catered lunch for the upcoming client meeting. You agree, but while picking up the catering order, you slip and fall in the parking lot. Now, you’re sitting on the asphalt wondering what just happened and whether anything’s broken.
What you’re not thinking of, but will need to confront soon, is this question: Does this count as a workplace injury?
The answer gets into some tricky territory that our Las Vegas workers’ compensation attorneys will help you unravel in this article.
Workers’ Comp vs. Premises Liability: Two Different Animals
First, let’s talk about the fundamental difference between a workers’ compensation claim and a premises liability claim, because which one applies to your situation matters a lot.
Workers’ compensation is the system your employer pays into so that you will be covered if you get hurt on the job. The beauty of workers’ comp is that it’s generally no-fault, meaning you don’t have to prove that anyone did anything wrong. You just have to show you were injured during the course of your employment. The downside? The benefits are limited, and you typically can’t sue your employer for additional damages like pain and suffering.
Premises liability, on the other hand, is when you slip and fall on someone’s property due to their negligence. With premises liability, you do need to prove negligence, but you can potentially recover more comprehensive damages.
So, which applies when you’re injured in a gray area, such as when you’re off the clock but still technically doing something for work? That’s where things get interesting.
The “Course of Employment” Gray Zone
Workers’ compensation typically covers injuries that happen “in the course of employment” or “arise out of employment.” Those phrases do a lot of heavy lifting, and courts have spent decades trying to figure out exactly what they mean.
Generally speaking, if you’re still on your employer’s premises and/or engaged in something reasonably connected to your employment, even if you’ve technically clocked out, you might still be covered by workers’ comp. Courts often look at whether the activity benefits the employer or is a normal part of the employment relationship.
In your case, you could argue that even though you were on your lunch break, you were still working by picking up the catering.
Here are some other examples that might still fall under workers’ comp, even though you’re off the clock:
- You’re walking through the employee parking lot to get to your car after your shift ends. Most courts would say this is still part of your employment because getting to and from your designated parking area is considered reasonably incidental to your job.
- You slip in the break room while grabbing your lunch from the fridge before you’ve actually started your shift. Again, this is generally considered part of the work environment and connected closely enough to employment.
- You’re attending a required company meeting or training session during non-work hours. This one’s pretty clearly still work-related.
- You’re walking off the field during a soccer game for your company’s intramural team.
What Could Be Outside of Workers’ Comp Coverage
While you could probably make a case for your lunch mishap being a workers’ compensation issue, there are other situations that likely fall outside of this coverage.
Let’s say you come back to the office on a Saturday to use the gym that happens to be in your building, even though working out isn’t part of your job duties. If you slip in the locker room, that might not be covered by workers’ comp because you were there for purely personal reasons.
Or imagine you’re at a completely voluntary social event at the workplace, like a happy hour or potluck that’s not sponsored by the company, just organized by coworkers. An injury there might fall outside workers’ comp coverage.
In these situations, you might actually be in a position to get more compensation, because now you can potentially file a premises liability claim against the entity that owns the property you were injured on.
Why This Distinction Matters to You
You might be thinking, “Okay, but why do I care whether it’s workers’ comp or premises liability as long as someone covers my medical bills?” Fair question.
The distinction matters because the remedies are completely different. Workers’ compensation typically covers your medical expenses, a portion of your lost wages, and possibly some vocational rehabilitation if you can’t work in the same capacity because of your injury, but that’s about it.
With workers’ comp, you generally can’t recover compensation for pain and suffering, which is a type of damage that accounts for your emotional and physical pain. You may also be barred from collecting punitive damages through workers’ comp. Punitive damages refer to the compensation a guilty party will pay over and above compensatory damages. These damages punish and make a negative example out of those who are found “grossly negligent.”
With a premises liability claim, you stand to make more money, but unlike with workers’ compensation, you will have to establish that the property owner was negligent. For example, maybe the owner of the parking lot you slipped in knew there were dangerous potholes but failed to repair them in a timely manner. In another scenario, you could potentially even go after a third-party repair crew that was fixing the potholes if they left their equipment unattended, causing you to trip.
These damages may include compensation for medical care, full lost wages (not just a percentage), pain and suffering, and, in extreme cases, punitive damages.
The flip side, of course, is the burden of proof in premises liability claims. You may be able to prove the damages and settle out of court, but if you can’t reach a settlement agreement, you may need to go to trial. Workers’ comp, while more limited, is generally a sure thing if your injury qualifies.
Premises liability may or may not work in your favor; however, you can increase your chances of success with the help of a good attorney.
What Should You Do After a Slip and Fall Accident?
- Document everything immediately. Take photos of the hazard that caused your fall, get witness statements if anyone saw what happened, and write down the details while they’re fresh. Don’t assume someone else will document the scene. That’s your responsibility.
- Report the injury to your employer right away, even if you’re not sure whether it’s work-related. Most states have strict deadlines for reporting workplace injuries, and failing to report promptly can cost you your benefits.
- Seek medical attention and tell the healthcare provider exactly how the injury happened. The medical records will be important evidence regardless of which type of claim you end up filing.
- Don’t give a recorded statement to anyone, not your employer’s insurance, not their attorney, nobody. Wait until you have spoken with your attorney. What you say can be used to deny your claim.
- Consult with a personal injury attorney who handles both workers’ comp and premises liability cases. They can evaluate the specific facts of your situation and advise you on the best path forward. Many offer free consultations, so there’s no reason not to get professional input.
Can I Pursue Both Workers’ Comp and Premises Liability Compensation?
Yes, it is possible to pursue both premises liability and workers’ compensation claims simultaneously, particularly when a workplace injury is caused by a negligent third party (like the parking lot owner or work crew described above).
Workers’ compensation generally covers injuries on the job regardless of fault, while premises liability pursues a third party for negligence, covering damages like pain and suffering not included in workers’ comp.
The Bottom Line
There’s no one-size-fits-all answer for whether your injury falls under workers’ comp or premises liability, as the law is fairly open to interpretation.
The most important thing is not to assume anything. Don’t assume you’re automatically covered by workers’ comp just because you were doing something work-related, and don’t assume you’re not covered just because you’re technically on a work break. Document the facts, report the injury, and get professional legal advice.
Need more help? Contact our slip and fall attorneys serving Henderson, Las Vegas, North Las Vegas, Summerlin, and the surrounding areas.