Employment Law Questions? Ask an Employment Lawyer.
I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.
A person traveling to and from work when they are injured may be entitled to compensation if "(1) the injury must have occurred on the employer's premises; (2) the employee's presence thereon was required by the nature of his or her employment; and (3) the injury was caused by the condition of the premises or by the operation of the employer's business thereon." See: Ortt v. WCAB (PPL Services Corp.), 874 A.2d 1264 (Pa. 2005), and cases cited. A location is considered part of the employer's premises when "the area where the injury occurred was owned, leased, or controlled by the employer to a degree where that property could be considered an integral part of the employer's business." Id.
If you were in a part of the building that you're required to access in order to get to and from work (like crossing through a lobby), then you are considered to be on property that is "an integral part of an employer's business," and you therefore may be entitled to benefits under the worker's compensation statute. You don't necessarily have to have been on your employer's floor, as long as you were in an area that you had to cross to GET to the employer's floor.
If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.