What Do You Think: Was Judicial Assistant on State Premises when she Fell on State-Owned Street?

One question that can make or break a workers’ compensation claim, depending on the circumstances, is whether the worker was on the employer’s premises when the injury occurred.

That question recently came up in a Delaware case.

A judicial assistant for a state court parked on the street near the courthouse 10 minutes before her shift began. She left her car, walked behind it, and stepped onto the grass between the sidewalk and the street. The judicial assistant fell as a sinkhole opened beneath her.

The judicial assistant filed a petition for workers’ compensation benefits for the injuries she experienced in the fall. Although the street the judicial assistant parked on was owned by the state, the Industrial Accident Board found that it was not part of the state’s premises because:

• The judicial assistant was on her way to work and the city, not the state, exercised authority over parking on the street.
• The judicial assistant had not yet crossed the threshold of the courthouse when she fell.

As a result, the board determined that the judicial assistant was injured while traveling to work, but not on the state’s premises, and was thus not entitled to workers’ compensation benefits.

The judicial assistant appealed, and the court agreed with the board, prompting the judicial assistant to appeal to the Delaware Supreme Court.

In Delaware, although an injury must arise out of and in the course of employment to be compensable, an employee does not have to be injured during a job-related activity if the injury occurred on the employer’s premises.

For the premises exception to apply, three requirements must be met: 1) the employee must be on the premises where the employee’s services are being performed; 2) the premises must be occupied by or under the control of the employer; and 3) the employee’s presence on the employer’s premises must be required by the nature of the employment.

Was the judicial assistant on state premises when the injury occurred?

A. Yes. She parked on a state-owned street and walked to the adjacent state courthouse where she worked?

B. No. The street was open to the public and outside the courthouse property line.

If you selected B, you agreed with the court in Browning v. Delaware, No. 173, 2021 (Del. 01/10/22), which upheld the previous rulings that found the judicial assistant was not on the premises.

“The injury occurred while [the judicial assistant was going to work but was not yet on the premises,” the court wrote, pointing out that case was similar to other cases where:

• An employee slipped and fell on ice on a public sidewalk near the place of employment.
• An accident occurred in close proximity to the employer’s premises but no evidence showed that the street was closed to the public or otherwise controlled by the employer.

“[The judicial assistant’ was not instructed where to park, so she parked on [a street] which is open to the public,” the court reasoned. “And the location where she fell was outside the courthouse property line.”

This feature does not provide legal advice.

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