If Injured on My Way to Work, Can I File a Workers’ Comp Claim?

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An injury that occurs on the employer’s premises is usually considered to arise in the course of employment. When an employee is injured on the employer’s premises or property controlled and/or maintained by the employer on their way to or from work, the accident is considered to have occurred in the course of employment. The location of where an injury occurs has no bearing on how the claim is processed, as long as it occurs on the employer’s premises.

When an injury occurs on public property which is not controlled, owned or maintained by the employer, the injury is deemed to not arise in the course of employment and therefore, is not compensable. However, the employee may have a third-party tort claim against another entity.

Obviously, this analysis is very fact specific. If you would like to discuss this topic and whether you may be entitled to workers’ compensation benefits, please contact Bryan Ramos.