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When an accident is not work related Markhoff & Mittman’s Office Manager Slipped and Fell…but she is okay!

As many of you may already know, our beloved Office Manager, Lucy Concepcion, had a nasty slip and fall at the local White Plains Sears last week. I received a phone call from her and by the time I arrived the EMTs where there (Lucy’s Slip and Fall Photos on Facebook! – and become a fan!) with the White Plains Police, and off to White Plains Hospital Center

Luckily, Lucy is okay. She will be sidelined from her dancing for a week (due to five stiches to the foot!) but other than that, a bruised knee and bruised wrist (oh yeah, and a bruised ego!) she was back to work the following day!

Well, you know it would come up as a question. Our practice focuses on New York Workers Compensation Disabiilty! Well, she fell during work hours, but was it a work related accident. Sorry to say the answer would be a big old NO!

But Why?

Well, Lucy’s fall is about the basic foundation of what you must prove to receive workers compensation benefits. You need to show that your injury resulted from an accident that occured “out of and in the course of employment” (For the actual statute click here).

Unfortunately, Lucy was returning to the office from a personal errand (even though she had permission to go on that errand) and was no where near the office building when she fell. Had she also been on an office errand (going to the bank or dropping off the mail) then she would be considered in the course of her employment, but alas, not here.

Don’t fret however, there are times when wearing heels is compensable!

Well, stay tuned for any developments on this issue or feel free to call and ask Lucy!!!

fnfhn