Consider the following scenarios: What if a claimant gets injured while commuting to work? Or on their way home? What if they sustain an injury just five minutes after their shift ends, or perhaps they trip the moment they step onto the sidewalk? Our recommendation: deny, deny, and deny again—then immediately commence a thorough investigation. Why? Because this is where the grey area begins.
Generally, accidents occurring on public streets away from the workplace and outside of working hours are not compensable. Matter of Jacobs v. Dellwood Foods, 130 AD2d 848 (1987). However, exceptions arise when an accident takes place close to the claimant’s workplace. In such cases, “the risks of street travel merge with the risks attendant to employment,” suggesting that an incident on a public road or sidewalk may not automatically negate the right to compensation. Matter of Husted v. Seneca Steel Serv., 41 NY2d 140 (1976).
To determine whether an injury in this grey area is compensable, the Court of Appeals established a two-part test in Husted:
- Special Hazard: The injury must occur in a location that presents specific dangers related to the claimant’s employment.
- Close Association: The route taken must be closely linked to the employment premises, reflecting employment-related risks.
For example, if an employee is injured in a parking lot adjacent to their workplace, this proximity may satisfy the close association requirement, particularly if unsafe conditions are tied to their job.
Can We Successfully Argue This? Absolutely—but it hinges on the outcome of a thorough investigation.
Given the nuanced nature of these cases, conducting a detailed investigation is crucial to determining whether an injury falls within the grey area and qualifies for compensation. Carriers defending against such claims must prioritize the following:
- Assessing Special Hazards: Examine conditions at the accident site to identify any unique risks related to the job.
- Evaluating Close Association: Analyze the relationship between the accident location and the workplace.
- Gathering Substantial Evidence: Compile witness statements, photographs, and relevant documentation to support the defense.
After a comprehensive investigation, a skilled defense attorney will analyze all the facts and frame them to favor the employer/carrier. Grey area cases are highly fact-dependent, and success ultimately relies on meticulous investigation, exceptional litigation skills, and the evaluation of the presiding judge.