Workers’ Compensation 7 : Scope of Employment

Q: Every day, I would walk the few blocks from my home to my employment as an elementary school teacher.  The district’s premises include both the elementary school and a middle school located adjacent to each other with a small park separating the two buildings.  One day in winter, while walking to work, I slipped and fell on an icy sidewalk located in front of the middle school a stone’s throw from the entrance to the elementary school.

School meetings were sometimes held on that sidewalk, and the district considered children involved in altercations at that location to be fighting on school property.  In addition, the district maintained that sidewalk, just like any other property owner.  The district even included this same sidewalk as part of the area where it banned smoking on school property and insisted that employees cross the street to smoke.

A: The Workers’ Compensation Board is likely to find that your injuries arose out of and in the course of your employment.  While on an employer’s premises, going to or coming from work is generally considered an incident of the employment.  It appears that you fell on the district’s premises.  Thus, your accident arose out of and in the course of your employment.

By: Scott Baron,
Attorney at Law Advertorial

The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice.

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