Arkansas: Injuries Sustained Walking to Employer’s Work Trailer Found Compensable

An Arkansas court ruled that an ironworker sustained a compensable injury when he slipped on ice while walking from the main gate of a construction site to his employer’s work trailer prior to clocking in. The employer argued that the ironworker was not “performing employment services” when he was injured, a requirement of Ark. Code Ann. § 11–9–102(4)(B)(iii). The employer also argued that the going-and-coming rule precluded recovery because the worker had not clocked in for the day. The court held that the worker had already engaged in employment activity by donning his personal protective equipment and swiping an access card to obtain entry to the job site.

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is a leading commentator and expert on the law of workers’ compensation.

LexisNexis Online Subscribers: Citations below link to Lexis 

See Continental Constr. Co. v. Nabors, 2015 Ark. App. 60, 2015 Ark. App. LEXIS 74 (Feb. 4, 2015) 

See generally Larson’s Workers’ Compensation Law, § 3.01 

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.

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