When can a workman’s comp claim be filed?

UPDATED: Jan 17, 2013

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When can a workman’s comp claim be filed?

We rent office space in a secured building. After leaving work, one of our employees who is off the clock is exiting the building to go home for the evening. He walks to work every day and does not drive. There was freezing rain/sleet that left a sheet of ice on the sidewalk in front of the building. The employee took two steps out side the building and fell and landed on his back and wrist. He ended up walking to the ER that night to have his hand and wrist looked at. He was not able to come to work the next day and used a personal day off to rest. Is this a workman’s comp related accident since it was after he was done with his shift and fell outside and not in the actual office space that we rent on 2nd floor?

Asked on January 17, 2013 under Personal Injury, North Dakota


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Technically the mishap that you have written about occurred not during work time but after the time shift of work had ended and would not be subject to a worker's compensation claim since the injury did not per se occur on premises owned or leased completely by the employer.

However, to be on the safe side, I would report the matter as a worker's compensation claim.

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