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Q.

This question was answered based upon current rules, regulations & statutes in effect on September 20, 2016

Worker has finished work at 5:00 p.m. and left the office but falls while walking out to her vehicle in the parking garage.  Any Workers' Compensation coverage?

A.

Irene Morrill:  I'm sending this to Dan Foley, Esq., VP Government Affairs.  Should this be reported to WC or GL?

Dan Foley:  There is what is referred to as the "going and coming rule" in WC which means that an employee, who gets injured either going to work or going home from work, would not be covered under the employer's WC policy.  Obviously, every case is different,  and stands on its own merits.  In the example that you describe, there may be a change that it would be covered under WC, so I would suggest that you file a WC claim (First report of injury) to be on the safe side, but more than likely, this would be covered under the General Liability policy.

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