According to a Foxnews.com report, a High School Basketball Coach was assaulted in a parking lot and sustained injury to his head, neck, face and arms. The conflict apparently was as a result of the Coach benching a player. After the game, it is alleged that the player, along with his brother, committed the violent act.
This article will discuss, under California Workers’ Compensation Law, whether the injury would be considered work-related?
Can An Injury in a Parking Lot Be Work-Related?
California Workers’ Compensation Law has established caselaw to address employer parking lots. “On the basis of this rule it has been consistently held that the protection of the compensation law extends to injuries sustained by an employee in a parking area maintained by the employer for the use of employees, the theory being that a contract of employment which contemplates parking by employees on the premises must necessarily contemplate their entry and departure via the parking area and a reasonable interval of time and space for doing so.” (North American Rockwell Corp. v. Workmen’s Comp. App. Bd. [(1970)] 9 Cal. App. 3d 154, 157 [35 Cal. Comp. Cases 300, 87 Cal. Rptr. 774] see Cal. Cas. Ind. Exch. v. Ind. Acc. Com., supra, 21 Cal. 2d 751, 754 Pacific Indem. Co. v. Industrial Acc. Com. [(1946)] 28 Cal. 2d 329, 336 [11 Cal. Comp. Cases 148, 170 P.2d 18] [**5] Van Cleve v. Workmen’s Comp. App. Bd. [(1968)] 261 Cal. App. 2d 228 [33 Cal. Comp. Cases 219, 67 Cal. Rptr. 757].)”
In the present matter, while one can argue about whether the assault was a continuation of work activities, this dispute is not necessary to determine work-relatedness. The fact that the beating took place in the parking lot is sufficient to make it a work-related event. As long as the Coach was not the initial physical aggressor, the injury should be considered as work related for the purposes of providing workers’ compensation benefits.
What If I Need Legal Advice?
If you want a free consultation regarding workers’ compensation, please get in touch with the Law Offices of Edward J. Singer, a Professional Law Corporation. We have been helping people in Central and Southern California deal with their workers’ compensation cases for 30 years. Contact us today for more information.