While employees can slip and fall any time of year, the risk significantly increases during the winter months due to freezing temperatures and winter precipitation. According to the CDC, approximately 1 million Americans are injured annually from slipping and falling on snow or ice, with 17,000 of these incidents proving fatal.
These statistics underscore the importance of workplace safety during the colder months. For employers, understanding workers' compensation rules related to such incidents is essential, especially for injuries occurring in workplace parking lots.
Each state has specific workers' compensation laws, and interpretations of the "coming and going" rule vary. Generally, workers are eligible for workers' compensation benefits if their injury is work-related and occurs within the scope of their employment duties.
Employers should evaluate each case in collaboration with their workers' compensation carrier to determine coverage.
Below, we’ll break down the factors influencing eligibility.
An injury is generally work-related when it arises out of and in the course of the worker’s employment. It doesn’t matter whether the employee has clocked in or out at the time of the injury, if the employee is required to perform a duty that benefits the employer, then the injury is often covered.
For example, an after-hours employee team-building event or dinner with a client.
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The "coming and going" rule generally excludes injuries sustained while commuting to and from work. However, there are key exceptions:
Injuries occurring during travel between work locations.
Injuries sustained while attending off-site business meetings.
Incidents happening during work-related training sessions or educational events.
Once an employee reaches the employer’s premises, the "coming and going" rule no longer applies. This is where parking lot incidents come into play.
When an employee slips and falls in a workplace parking lot, coverage often depends on who owns or controls the property:
If the parking lot is owned or controlled by the employer, injuries sustained there are typically covered by workers' compensation—even if the incident occurs during a normal commute, lunch break, or rest period.
If the parking lot is not under the employer’s control, determining coverage becomes more complex. Employers should consult their workers' compensation carrier to decide whether the injury qualifies as a workers' compensation claim.
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Responsibility for clearing sidewalks and parking lots of snow and ice depends on whether the employer owns or leases the property:
When the employer owns the building or property, they are typically responsible for ensuring that sidewalks, parking lots and other common areas are cleared and maintained. Neglecting this duty could result in liability if an employee or visitor is injured.
If the employer leases the space, the responsibility may fall on the property owner or landlord, as outlined in the lease agreement. Employers should carefully review their lease to understand their obligations.
Some leases stipulate that tenants share responsibility for maintenance, including snow and ice removal, while others place this duty solely on the landlord.
Regardless of ownership, employers should:
Communicate with property managers or landlords to ensure snow removal is handled promptly.
Perform regular inspections of sidewalks and parking lots to identify hazardous conditions.
Document all snow and ice removal activities, including dates and times, to show due diligence.
Prevention is the best strategy for reducing the risk of workplace injuries. Employers can take proactive steps to ensure safety during winter months:
Ensure all parking areas and pathways are regularly cleared of snow and treated with salt or sand to prevent ice buildup.
Use visible signage to alert employees to slippery areas or ongoing maintenance.
Encourage employees to wear slip-resistant footwear during winter months.
Educate employees on how to navigate icy conditions safely. Learn more about workplace safety strategies >>
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Winter hazards present unique challenges, but you don’t have to navigate them alone. Axcet HR Solutions is here to support your business with comprehensive risk management services. Our team of certified health and safety experts works closely with you to develop strategies that protect your employees and reduce liability. From training programs to compliance assistance, we help you mitigate risks and create a safer workplace.
Let Axcet HR Solutions guide your business through the complexities of workers’ compensation and winter safety. Together, we can ensure your employees stay safe and your business remains protected. Schedule a consultation today >>
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