Legal briefs

|Canadian HR Reporter|Last Updated: 05/19/2009

Worker compensated after slip, fall

Brantford, Ont.. — A Walmart worker who slipped and fell in a mall parking lot on the way to work is eligible for workers’ compensation benefits. Walmart told its employees to park their cars in certain areas of the parking lot, leaving the best spots for customers. One day, the employee parked her car in the designated area and slipped on a patch of ice on the way to the store. The Ontario Workers’ Safety and Insurance Board (WSIB) found the worker was not entitled to benefits because the parking lot was not Walmart property and, therefore, not under its control. The worker sued the mall’s owners, who appealed to the WSIB that she was injured during the course of employment and eligible for benefits. This would make her unable to sue for damages under the Workers’ Safety and Insurance Act. The tribunal found because Walmart told the worker where to park, it had a measure of control over her and she was in the course of employment. And the WSIB’s policy manual allowed for benefits to workers injured in parking spaces “regulated and allocated by the employer.” Since the worker was told to park in that area, she was entitled to claim benefits, found the tribunal, which prevented her from suing the mall’s owners.

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