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Nevada work Comp - UndercovrAngel - 09-14-2009

Okay, this is for a friend of mine, and I have been digging for almost 24 hours and can't find an answer.

Saturday afternoon, while driving through the parking lot at his place of employment, friend almost hit a curb stop (concrete parking block in parking lot) that was new and unpainted and hard to see. Locked up the brakes on his motorcycle and went butt over teakettle off the bike. He's ended up with an injury to his elbow that can't be casted (arm is secured to his side) and totalled his bike.

Knowing that I had a claim a few years back in NV, he called and wanted to know if there had been a law put into place that covers a worker 30 minutes prior to work time (while on company property) he was 5 minutes away from beginning his shift at work, and was in uniform (security at one of the casinos). He has worked at this same casino for over 6 years now, always parks in the same location, so is very familiar with the parking lot. But they have been doing work on it, and there were no signs put up in regards to these new parking blocks.

I told him I would do my best to find him the answer, but have run out of ideas. Any help would be appreciated. I did tell him that I didn't think there was any such law, but that if he needed to get monies for the injury and treatment, that he would probably have to go after whoever owns the entire strip mall that the casino is in and maintains the parking lot.

He is applying for FMLA and trying to get short term disability for the injury. So that isn't a problem.

Angel ^j^

RE: Nevada work Comp - jayne - 09-14-2009

boy howdy Angel I really dont know but a cement block un painted where its not supposed to be screams cival law suit to me

RE: Nevada work Comp - kate - 09-14-2009

It's probably going to depend on whether the employer owns/maintains the parking lot.

From the Nevada Division of WC Newsletter:

Basics of Coming and Going
In most cases, if you commute to
work and you make it to the company’s
parking lot, your coverage begins
then. Likewise when you leave
work, you are covered until you leave
the lot.

RE: Nevada work Comp - sparkey - 09-14-2009

I also believe if he was dressed for work and scheduled to work that day and was in the parking lot and it was unpainted or anything around it that warned of it now being there it is something I think they should cover medical costs. I know that I have heard that if you are heading to work and or leaving work and in or on their property that they are entitled to some kind of reimbursement of treatments for injury on their time.

I would definitly call a WC lawyer or Civil lawsuit lawyer and see what his rights are. Somethings when a new route is made here in NH and people are use to the old route they post signs to let people be aware there has been a change. Some people are so use to driving certain ways and when they change the lanes on the highway it can cause confusion etc. It would not hurt to try to see what he is entitled to.