Did you suffer an injury in your employer’s parking lot and wonder when workers’ compensation coverage begins? When you clock in for the day or when you first enter your workplace? As an example, let’s consider what happened to a man named Justin. He worked at the local hospital as a radiology technician. One morning, he was hurt in the hospital parking lot as he walked from his car to the building. Is Justin entitled to workers’ compensation benefits or not?
When the Injury Happened Matters
Workers’ compensation benefits cover work-related injuries sustained as a result of work activities. According to the Guide for Injured Workers prepared by the Oklahoma Workers’ Compensation Commission:
“Injuries occurring while the employee is in a parking lot or other area adjacent to the employer’s place of business, while reporting for a shift or leaving at the end of a shift, are typically not covered;” (emphasis added)
Using Justin as an example, he was clearly arriving for work. His shift had not begun yet so he may not be eligible to receive workers’ compensation benefits. However, the Oklahoma Supreme Court has clarified this exception and found injuries which occur on the employer’s premises in designated parking areas are compensable. Thus, Justin should review his options with an attorney given that just reading the Guide for Injured Workers would inform Justin that his injury may not be covered.
Where the Injury Happened is Important, Too.
Parking lots are specifically pointed out in the Guide for Injured Workers. Generally, someone who is just walking around in their employer’s parking lot or near their workplace is not covered by workers’ compensation law.
In Justin’s case, he was in his employer’s parking lot at the time of the injury. He probably is entitled to workers’ compensation benefits. Still, he should discuss his matter with an Oklahoma workers’ compensation lawyer.
Final Thoughts
Let’s say Justin worked in a parking garage and was injured while performing his job. In this situation, he is more likely to be eligible for workers’ compensation benefits since the parking lot is his workplace. Other similar occupations that may be workers’-comp-eligible include valet parking attendants, mechanics, and transportation workers.
Also, on-the-job injuries sometimes occur during an employee’s authorized work break. As long as the incident happened inside the workplace, the worker may be eligible for workers’ comp.
It’s a Complicated Question
Instead of just assuming you have nowhere to go for help, call the attorneys at Armstrong Law Firm, P.L.C. You may be eligible for workers’ compensation benefits or other types of compensation.
If you need help pursuing a Workers’ Compensation claim, call us today at (918) 582-2500 or complete the contact form online to request a free consultation.
FAQs About Injuries in an employer’s parking lot
1. Am I covered by workers’ comp if I get hurt in my employer’s parking lot before or after my shift?
It depends. Injuries in designated employer-owned parking lots may be covered under Oklahoma workers’ compensation law, even if they occur before clocking in or after clocking out. Each case is fact-specific.
2. What if I was injured walking into work but not yet inside the building?
If you were still on your employer’s premises—such as in a company-designated parking area—you might still be eligible for workers’ comp benefits. Courts have ruled that injuries in such areas can qualify.
3. Are parking lot injuries always excluded from workers’ compensation coverage?
No. While the Guide for Injured Workers says they are “typically not covered,” Oklahoma courts have clarified that designated parking areas on the employer’s premises may make these injuries compensable.
4. What if my job actually involves working in a parking lot?
If your job duties include working in a parking lot (e.g., valet, security, or parking garage attendant), then an injury sustained there during your shift is more likely to be considered work-related and covered.
5. Should I talk to a lawyer if I was injured in a parking lot at work?
Yes. Because these cases often depend on specific facts about timing, location, and job duties, it’s best to speak with a knowledgeable Oklahoma workers’ comp attorney to determine your eligibility for benefits.
