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