With winter storms sweeping across much of the country, employers can expect an increase in snow- and ice-related injuries. Generally, worker’s compensation laws cover injuries that arise out of and in the course of employment. Most states follow the coming-and-going rule, which excludes injuries sustained during an employee’s routine commute to and from work unless a specific exception applies. For example, coverage may exist when the travel itself is part of the employee’s job duties or otherwise benefits the employer. Such injuries fall under worker’s compensation, which generally limits an employer’s liability compared to a personal injury or other civil action.

One notable exception is the premises exception. Under this doctrine, an employee may be covered if an injury occurs on the employer’s premises, even if the employee is arriving or leaving for the day. In many states, slip-and-fall injuries caused by snow or ice in employer-controlled areas—including sidewalks, entryways, and parking lots—are considered compensable. However, states vary significantly in how they define “premises,” how broadly they apply the exception, and what additional factors they consider, such as who maintains the property or whether the employee had clocked in.

Because these rules differ widely from jurisdiction to jurisdiction, it is important for employers to stay informed of state-specific nuances and ensure that snow and ice removal responsibilities are clearly established, documented, and carried out consistently.

For additional information, please contact Wesley Davis, Ann Stewart, or a member of Ice Miller’s Workplace Solutions Group.

This publication is intended for general information purposes only and does not and is not intended to constitute legal advice. The reader should consult with legal counsel to determine how laws or decisions discussed herein apply to the reader's specific circumstances.