Legal Question in Workers Comp in New York

I was on my way home from work and slipped on ice getting into my car and now have a broken ankle...does this cover me for workman's comp?


Asked on 1/07/11, 2:24 pm

2 Answers from Attorneys

Jason Kessler Law Offices of Jason B. Kessler, P.C.

It may be. It depends on whether you are a portal to portal employee or were a stationary employee with a fixed location. If you were a portal to portal employee you may be covered by workers compensation.

Let me give you a "for instance"... Let's say your job consists of making sales on behalf of abc company and every day you get into your car to visit customers at different locations. You would be "covered" from the time you left your home until the time you came home (portal to portal).

On the other hand, if you were a secretary for an executive at abc company and you were required to work at a desk. Your job does not start until you enter the abc company building.

I hope that this has helped you answer your question. If you have any more questions please feel free to call me.

Yours

Jason Kessler

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Answered on 1/12/11, 2:34 pm
Pasquale Calcagno Calcagno & Associates, PLLC

It is likely that you are not covered by the workers compensation policy unless you are a salesperson or some other similar job where you are on the road. However, you may have a third party claim against the snow removal company or the the person or entity that owns the property you fell on (assuming the owner is not your employer).

Third party claims and questions regarding workers compensation benefits are complex. Call me, Pasquale Calcagno, Esq., for a free consultation at 1(800)WE-FIGHT. We have convenient locations all over New York. No fee to us until we win your case.

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Answered on 1/12/11, 5:52 pm


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