You were walking to your car after work when another vehicle backed into you. Or maybe you were hit while pulling into your employer's parking lot in the morning. Now you're injured and wondering: Is this covered by workers' comp?
The answer depends on several factors - and Pennsylvania's "parking lot rule" is more nuanced than most people realize.
When Parking Lot Accidents ARE Covered
Generally Covered:
- Employer-owned or controlled parking lot
- Parking lot provided as a benefit of employment
- You were on employer's premises (even if headed to/from car)
- The accident happened during work hours or reasonable time before/after
When Parking Lot Accidents Are NOT Covered
Generally NOT Covered:
- Public street or sidewalk (even if near your workplace)
- Parking garage not owned/controlled by employer
- You were already clearly "off the clock" and off premises
- Personal errand unrelated to work
Gray Areas - These Require Analysis
It Depends:
- Shared parking lot with multiple businesses
- Parking lot across the street from workplace
- Accident during lunch break
- You were carrying work materials to your car
A Note from Attorney Cardamone:
"Parking lot cases are some of the most hotly contested in workers' comp. Insurance companies love to deny these claims by arguing you weren't 'on the job.' But if your employer owns or controls that lot, or provides parking as a benefit, you have a strong argument for coverage. Don't accept a denial without talking to me first."
What About Third-Party Claims?
If another driver hit you in the parking lot, you may have two claims:
- Workers' compensation - If the parking lot accident is covered (see above)
- Third-party personal injury - Against the driver who hit you
This is common in parking lot accidents. We handle the workers' comp claim directly and coordinate with our Personal Injury colleagues on the third-party case.
Common Parking Lot Accident Scenarios
- Struck by vehicle while walking to your car - Employer-owned lot = likely covered
- Hit while backing out of your parking space - May be covered if on employer's lot
- Pedestrian hit by delivery truck - Workers' comp plus possible third-party claim
- Struck by coworker's vehicle - Workers' comp applies; can't sue coworker directly
- Hit-and-run in company parking lot - Workers' comp still applies if covered scenario
The "Going and Coming" Rule
Pennsylvania's "going and coming" rule generally says your regular commute to and from work isn't covered by workers' comp. But there's an exception: once you're on your employer's premises - including their parking lot - you're typically covered.
This means:
- Driving on public roads to work = NOT covered (regular commute)
- Walking across employer's parking lot = COVERED (on premises)
- Hit in employer's lot before clocking in = Usually COVERED
Hit in a Parking Lot at Work?
These cases can be complicated. Get a free consultation to know your rights.
(215) 206-9068
What to Do After a Parking Lot Accident at Work
- Report it to your employer immediately - Even if you're not sure it's covered
- Get witness information - Coworkers who saw what happened
- Take photos - The parking lot, where it happened, any vehicle damage
- Get the other driver's info - If another vehicle was involved
- Seek medical attention - Document your injuries
- Call us before accepting any denial
Denied? Don't Give Up
Insurance companies frequently deny parking lot claims, hoping you'll just go away. Many of these denials can be successfully challenged.
If you were injured in a parking lot at work in Pennsylvania, call us for a free consultation. We'll review the specific facts and tell you whether you have a case - and what to do next.
Free Consultation: (215) 206-9068
(215) 206-9068
