Legal Question in Workers Comp in Kansas

If I fell on ice in the company parking lot before work and hurt myself is this a work comp issue?


Asked on 12/27/13, 2:07 pm

2 Answers from Attorneys

Anthony Smith LawSmith

If there is an assigned parking lot, and you fell on your way into our out of the job site, this injury might be covered under work comp. Otherwise, it is a general Tort claim of negligence by the lot owner. You should consult directly with a civil practice attorney in your area.

Good luck

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Answered on 12/27/13, 2:30 pm
Rian Ankerholz Ankerholz and Smith

If you were on the employer's premises, or on premises under the exclusive control of the employer, it is covered by workers' compensation. We have handled many such cases.

The exact Kansas language is as follows: The words "arising out of and in the course of employment" as used in the workers compensation act shall not be construed to include injuries to the employee occurring while the employee is on the way to assume the duties of employment or after leaving such duties, the proximate cause of which injury is not the employer's negligence. An employee shall not be construed as being on the way to assume the duties of employment or having left such duties at a time when the worker is on the premises owned or under the exclusive control of the employer or on the only available route to or from work which is a route involving a special risk or hazard connected with the nature of the employment that is not a risk or hazard to which the general public is exposed and which is a route not used by the public except in dealings with the employer. An employee shall not be construed as being on the way to assume the duties of employment, if the employee is a provider of emergency services responding to an emergency.

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Answered on 12/27/13, 2:50 pm


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