Ontario’s Workplace Safety and Insurance Appeals Tribunal has decided that a worker was not acting in the course of employment when she slipped and fell in the parking lot of the mall where she worked. As a result, she could not access workers’ compensation benefits; however, she retained her right of action in a civil suit against the owner of the parking lot.
The worker was on her way to work in a store located in a large shopping mall when she suffered injuries following a slip and fall. She was walking from her parking spot at the perimeter of the parking lot to the mall.
She brought a civil action against the mall owner, and the mall owner applied to the Workplace Safety and Insurance Board (WSIB) to determine whether the worker’s right of action in a civil case even existed. The owner wanted this to be a workers’ … Continue reading “Worker injured in parking lot on way to work not eligible for workers’ compensation benefits”