Legal Definitions - premises rule

The premises rule is a principle in workers' compensation law that determines when an injury occurring on an employer's property, but not necessarily at the employee's immediate workstation, is considered to have arisen "out of and in the course of employment." This rule recognizes that an employee's presence on the employer's premises, including areas like parking lots, walkways, and common spaces, is often a necessary part of their employment. Therefore, injuries sustained in these locations can be covered by workers' compensation, even if the employee is not actively performing their specific job duties at the moment of injury.

Here are some examples illustrating the premises rule:

• Example 1: An employee, David, arrives at his office building and parks his car in the company's designated parking garage. As he walks from his parking spot towards the elevator lobby, he slips on a spilled liquid and fractures his arm.

  Explanation: Under the premises rule, David's injury would likely be covered by workers' compensation. Although he hadn't yet reached his desk or started his official work, the injury occurred on the employer's property (the parking garage) while he was in the process of entering his workplace, which is considered an essential part of his employment.

• Example 2: Sarah, a retail store employee, finishes her shift and is walking through the employee-only hallway towards the back exit. Before she reaches the door, a heavy box falls from a shelf and strikes her foot, causing an injury.

  Explanation: This situation demonstrates the premises rule because Sarah was still on the employer's property, within an area designated for employees, while leaving work. Her departure from the premises is considered part of her employment, making the injury potentially compensable under workers' compensation.

• Example 3: A factory worker, Miguel, takes his authorized 15-minute break and heads to the employee break room located within the factory complex. While pouring coffee from a communal pot, he accidentally burns his hand due to a faulty dispenser.

  Explanation: The premises rule would likely apply here. Even though Miguel was on a break and not directly operating machinery, his injury occurred within the employer's facility, in a common area provided for employees. Using such facilities during authorized breaks is generally considered incidental to employment.