Don't slip up: Know law for slips and falls in parking lots, surrounding areas

With winter here, many areas are seeing snow. Businesses are scrambling to clear their parking lots to ensure the safety of their customers and employees. While businesses fear the potential liability attached to a slip-and-fall injury sustained by a customer, some may be unaware of the type of liability they face if an employee takes a tumble. Read on for guidance on the type of liability attached to injuries sustained by employees in parking lots and related areas.

Wisconsin Worker's Compensation Act

The Wisconsin Worker's Compensation Act (WCA) provides benefits to employees who sustain a work-related injury. To be compensable under the Act, the injury must, among other things, occur in the "course of employment," which refers to the time, place, and circumstances under which it occurs:

• An employee who is clocked in at work and performing work when an injury is sustained typically is in the course of employment.
• Under the "coming and going rule," however, employees generally are not in the course of employment while going to or coming from work.

Stated otherwise, the Act generally doesn't cover injuries sustained "off the clock" while the employee is not at work and not performing work.

Exception for parking lots