By: The Workers' Compensation Practice Group
Due to recent winter weather, employers and workers' compensation insurers may see increased reports of slips and falls while employees are arriving at and leaving work. In Virginia, these accidents are only compensable if they arise out of and in the course of employment.
Whether a slip and fall on ice or snow arose out of the employment is not an issue to dispute in these cases. Snow and ice on an employer's premises will be found to be an added risk of employment.
The issue to consider is whether the fall occurred in the course of the employment. The critical facts in this analysis tend to be the ownership and location of the property where the alleged accident occurred. A fall on ice or snow on the employer's premises is generally compensable.
Example: An employee falls on ice located outside of the employer's building, and the employer owns the land where the employee fell. Compensable.
The more interesting cases, which are more often defensible, are those in which the employee is injured coming to and leaving from work on property not owned by the employer. In these sorts of cases the Commission analyzes two principles- the "Going and Coming Rule" and the "Extended Premises Doctrine" (AKA the Parking Lot Exception).
