SW Legal studies in Business

Walking from Parking Lot to Worksite Is in Course of Employment
Description Appeals court held that when a worker was struck and killed while crossing the street from a parking lot to go to a construction site where he was working, he was in the course of employment so his widow was entitled to workers' compensation benefits.
Topic Employment Law
Key Words Workers' Compensation; Course of Employment
C A S E   S U M M A R Y
Facts Coffey was working at a construction site. Most workers parked in a lot across the street from where construction was in process, although they could park elsewhere. One morning, as Coffey was walking across the street to the construction site, he was struck and killed by a passing car. His widow was awarded $487 per week for the remainder of her life, or until she remarries, plus $6,000 funeral expenses. The employer appealed.
Decision

Affirmed. There was a causal connection between the parking lot used by many of the construction workers and the worksite. Coffey was in the course of employment, walking from the parking lot to the worksite, when he was killed. He was not willfully negligent at the time of the accident, so the award stands.

Citation Coffey v. Waldinger Corp., 649 N.W.2d 197 (Ct. App., Neb., 2002)

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