An employee is hit by a passerby while in the company parking lot. How is this injury classified?

• A. Compensable
• B. Non Compensable
• C. Compensable due to employer's duty of providing safety
• D. Non Compensable due to the going and coming rule

Answer: (A)

In this scenario, the injury is classified as compensable because it occurred in the company parking lot, which is generally considered a part of the employer's premises. Many jurisdictions expand the scope of workers' compensation to include areas like parking lots, where employees are expected to be while working or engaged in activities related to their employment.

When an employee is injured while on or near their employer's property and the injury arises out of or in the course of employment, it typically qualifies for workers' compensation benefits. Since the injury happened in a company-owned area while the employee was engaged in activities related to their job, it meets the criteria for being compensable under workers’ compensation laws.

Options that suggest the injury is non-compensable often refer to specific legal doctrines like the "going and coming rule," which typically applies to injuries that occur while an employee is traveling to and from work, as opposed to being engaged in work-related activities on site. However, because this injury took place in the parking lot, it does not fall under that rule, thereby affirming the injury's compensable status due to its location and context.