Missourians have seen plenty of snow and ice this winter season. Often, winter weather conditions make it difficult just getting to and from your car. including broken bones, hand injuries and spinal cord injuries. This is especially true of older workers. A recent study showed that four out of ten individuals 65 or older will fall during periods of snow and ice.

In 2005, the Missouri Legislature changed the Workers’ Compensation Law. For all claims after August 27, 2005, an employee’s injury is covered by the work comp laws only if a work related accident was the prevailing factor in causing the injury. This means if you are injured in a fall while getting to or leaving your place of employment, you may not be entitled to compensation. In 2010, the Missouri courts reviewed the claim of an employee who fell in the parking lot, fracturing his ankle, after leaving work. Hagar v. Syberg’s Westport, 304 S.W.3d 771 (Mo.App. E.D. 2010). The court found that the employee, a cook, could have fallen on an ice and snow anywhere, and that his work was not the prevailing factor causing his injury. The court indicated a different result may have been reached if the employee was still on the clock or if the employer had owned and controlled the parking lot. In Duever v. All Outdoors, Inc., 371 S.W.3d 863 (Mo.App. E.D. 2012), the court found that an on the clock employee was entitled to compensation for his injuries suffered when he fell on an icy parking lot.

Workers’ compensation claims involve complicated legal issues and can turn on very specific facts. While the law sometimes makes it difficult to qualify for benefits, an experienced workers compensation attorney can help. The trial lawyers at Kennedy, Kennedy, Robbins & Yarbro, LC, will evaluate your claim and help you receive the compensation you are entitled to under Missouri law. Contact us with your questions.