Question: My employee tripped on a pothole in our parking lot and broke their arm. Do we have any obligations?

Answer: Probably. If you own and maintain the parking lot and the employee was injured while coming to or from work, then it may fall under Workers’ Compensation. If not, it may fall under your property liability insurance.

If the parking lot is maintained by someone else, such as with an office building, it may fall under their liability insurance but could still also fall under your Workers’ Comp.

Some states even have Workers’ Comp laws that extend coverage to employees walking to and from work on public sidewalks and streets if they are required to park a distance away from the worksite.

In addition to insurance liabilities, you would need to consider any company or mandated leave laws and reasonable accommodation while they recover from the injury.

Whenever an employee is injured at or on the way to or from work, we recommend consulting your insurance carrier and HR consultant to determine the best course of action to protect yourself and to ensure the employee receives all benefits and protections they are entitled to.

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