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Workers’ compensation questions can get complicated fast. In our new Dear Julie series, Julie Nichols, outside counsel for BIAW’s ROII program, answers common questions contractors and employers face when navigating Washington’s workers’ compensation system. Julie has been practicing law and helping building industry employers navigate Washington’s unique workers’ compensation laws and regulations for nearly 20 years, bringing practical insight to real-world claim situations ROII participants encounter every day.

DEAR JULIE,

One of our employees slipped and fell in our gravel parking lot while walking out to his car after work. L&I accepted his claim as work-related. Is that right?

— PUZZLED IN THE PARKING LOT

DEAR PUZZLED IN THE PARKING LOT,

It may seem like a simple question, but like many issues in Washington’s workers’ compensation system, the answer can be complicated.

These cases are very fact-specific. As a general rule, incidents in parking lots are not considered work-related when an employee is simply coming or going and is no longer on the clock. But there are important exceptions.

For example, it can matter:

• Whether the area of the parking lot is also used for loading, unloading or storage.
• Whether the fall occurred on stairs leading from the workplace into the parking lot.
• Whether the location could be considered an “adjacent pedestrian area.”

In short, there are so many exceptions to the parking lot exception that we look at each situation in great detail on a case-by-case basis.

Please note that the Q&A exchanges shared in Dear Julie are hypothetical scenarios loosely based on claims and cases that ROII staff handle daily. This information should not be considered legal advice. If you have a specific question or claim concern, please contact your ROII claim representative and/or your attorney.