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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 27651
Experience:  Former judicial law clerk, lawyer
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I banged my head onto the glass wall of the premise where my

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I banged my head onto the glass wall of the premise where my employer rents a floor. I reported immediately to the employer and nobody advised me anything. I incurred some emergency expenses and some lost hours. Employer told me they did not think this was work related injury since the injury did not occur on its rented floor and I was on my own time( heading back to work from lunch break). I was told better to discuss with the Building management about the possible recoup. Was my situation falling into "arising out of or in the course of" employment?
Submitted: 8 months ago.
Category: Employment Law
Expert:  Lucy, Esq. replied 8 months ago.

Hi,

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.

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