An injury to a worker which occurs in the parking lot may be compensable under certain circumstances. Those circumstances include: The employer required the employee to park in that particular parking lot; the parking is owned or controlled by the employer; the parking lot is part of the employer’s premises; the employee was on an errand at the time of the injury; and/or the employee was giving a benefit to the employer at the time of the injury. Whether a parking lot injury is compensable depends on the specific circumstances of the case. Injury during horseplay or heading in the opposite direction from the employer’s premises will not be compensated. If the injury is compensable, and the employer does not own or control the parking lot, the employee may be able to bring a third party claim against those responsible for maintaining the safety of the parking lot. (See “Subrogation” elsewhere in this Glossary).
Cairns & Associates, P.C.
3900 E. Mexico Avenue
Suite 300
Denver, CO 80210
Phone (303) 481-6345
Fax (866) 277-0355