An employee arrives early and is injured in the parking lot by a passerby; is the injury compensable?

• A. Compensable
• B. Noncompensable
• C. Compensable because the employer is required to provide a safe place to work
• D. Noncompensable due to going-and-coming rule

Answer: (C)

In California, the general rule is that injuries suffered while going to or from work are not compensable. However, an exception applies when the employee is required to be on the employer’s premises before the shift starts. In this scenario, the worker arrived early and was injured in the parking lot, which is part of the employer’s premises. Because the employee is there for work and the incident happened in a workplace area the employer controls, the injury is considered to occur in the course of employment and is compensable. The employer is responsible for maintaining a safe workplace, including the parking and access areas, so hazards in that setting are within the scope of workers’ compensation coverage.