Q: I was on my way to work just parked in a parking garage across the street from the place of my employment.
I was hit as a pedestrian by a pickup truck in the garage and injured. My supervisor days later filed a Workers Comp claim. Now our worker's comp insurer keeps calling me to complete paperwork. This is clearly a personal injury case and I've already retained a personal injury attorney to proceed for me against the liable party. My employer pays for our parking fees at the parking garage across the street that I was injured, but I hadn't made it to work yet and wasn't working when this injury occured. I don't want to complete workers comp paperwork. Workers comp ins company said that my employer filed the claim and keeps calling me and trying to force me to complete worker's compensation paperwork?
Do I not have the right to decline? I never reported to my supervisor that this incident happened while I was at work!
A: The general rule is that "course and scope" of employment does not coming to or leaving work. However, as with all laws, ther are exceptions. Your case may very well be covered by the "access doctrine". You will be covered as soon as you arrive at work even if you are not on the clock. The question will be, whether the parking lot across the street counts as part of the employer's premises. If it does, then this is covered under your employer's workers' compensation policy. Also, just because you have a workers' compensation claim, you do not have to give up on your third party claim against the person who struck you in the parking lot. I have represented many individuals that pursue both workers' compensation and third party claims.
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