Manchester, NH asked in Personal Injury and Workers' Compensation for New Hampshire

Q: I fell on black ice in my employer's parking lot reporting to work and fractured my patella. Is that WC or civil?

1 Lawyer Answer
Joseph Kelly Levasseur
Joseph Kelly Levasseur
PREMIUM
Answered
  • Manchester, NH
  • Licensed in New Hampshire

A: This is a great question and there is much case law interpreting the issue both ways. If you were reporting to work but had not punched in yet it may be considered a personal injury because you had not started work yet, but if you were coming back from lunch or a break it could be considered workman's comp. The best way to get the answer is to file a workman's comp claim and see if it gets denied by the employers insurance carrier, then you can appeal to see how the appeals board will rule. Generally public policy favors workman's comp instead of a civil suit, but this is fact dependent, so i need to know more before I can answer with certainty. Good luck!

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.