Do you get Florida Workers' Compensation benefits before or after you "clock in?" How about walking from your car into your employer's place of business? Workers' compensation benefits? The answer is yes in most situations.
Typically, workers traveling to and from work are NOT in the course and scope of their employment and thus any injury traveling to and from work is not compensable. However, going and coming begins and ends when the employee enters or leaves the employer's premises. Employees need not be “on the clock" in order to be eligible for Florida workers' compensation benefits.
Because going and coming begin and end when the employee enters or leaves the employer's premises, it is important to identify what constitutes an employer's premises. For businesses inside a mall, the employer's premises, including the parking lot, is considered the employer's premises for workers' compensation purposes. Accidents that occur on a parking lot owned and controlled by the employer meet the premise test. But, how about injuries and accidents that occur on parking lots not owned by the employer?
Even non-owned parking lots may be the employer's premises for workers' compensation purposes if the parking lot is under some control or subject to special use by the employer. For the accident to be compensable, the employer's use of the non-owned parking lot must be for purposes other than those shared by the public.
If you or a loved one is injured before and after clocking in/out, it is important that you talk with a workers' compensation attorney who understands the exceptions to the general rule. If you are injured in a non-owned parking lot, further investigation would be needed to determine if the employer exercised the amount of control to make the injury compensable.
Personal Injury Attorney Matthew Noyes is the director of his firm's workers' compensation department. Click here to schedule a free case consultation with Personal Injury Attorney Noyes. His Tampa Bay law firm-Perenich, Caulfield, Avril & Noyes-has been caring for clients since 1955.
Insurance companies have attorneys looking out for their best interest after your accident, so should you!