Under the North Carolina Workers' Compensation Act, an employee who is injured on the employer's premises is eligible for compensation. However, as the recent case of Cardwell v. Jenkins Cleaner demonstrates, whether an injury occurred "on the employer's premises" can be a more complicated question than one might assume.
In the case, employee Judy Cardwell parked her vehicle in the parking lot adjacent to her place of employment, Jenkins Cleaner, Inc. As she approached the building, she slipped on a patch of black ice about three feet away from the door. As a result of this fall, she broke her wrist.
Ms. Cardwell filed for workers' compensation benefits, based on the fact that she was injured on her employer's premises. As the Court of Appeals of North Carolina determined on appeal, even three feet away, Ms. Cardwell was not actually "on the employer's premises" for purposes of the Workers' Compensation Act.
Jenkins Cleaner did not maintain the parking lot and had no obligations regarding its upkeep; the parking lot was shared by many businesses. Accordingly, the injury did not occur on the employer's premises and Ms. Cardwell is not eligible for workers' compensation benefits.
All is not lost, though, for Ms. Cardwell. Although she is not eligible for workers' comp benefits, she may have a legal claim against the company responsible for maintaining the parking lot or the owner of the parking lot. A landowner or person responsible for taking care of property must exercise reasonable care to ensure the safety of visitors and prevent slip-and-fall accidents from occurring.
If the company responsible for maintaining the property was negligent, Ms. Cardwell (or another person in a similar situation) may have a viable personal injury claim. Such a lawsuit may provide much-needed compensation to help an injured person deal with the consequences of a serious injury.
In some cases, though, these lawsuits can be difficult to pursue. Accordingly, it is important for an injured person to work with a knowledgeable personal injury attorney who can provide guidance throughout the process.
