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Slip and Fall On Sidewalk Near Place of Employment Was Not a Work-Related Accident

The Third Department determined a slip and fall on a sidewalk near claimant’s place of employment did not, under the facts, constitute a work-related accident:

Inasmuch as the accident here occurred near claimant’s place of employment, his claim falls within “a gray area where the risks of street travel merge with the risks attendant with employment and where the mere fact that the accident took place on a public road or sidewalk may not ipso facto negate the right to compensation” … . In order for an incident to be compensable under those circumstances, “there must be (1) a special hazard at the particular off-premises point and (2) a close association of the access route with the premises, so far as going and coming are concerned” … .While the public sidewalk here was near the government center, it was open to the public and there was no showing that it was “otherwise controlled by the employer, that workers were encouraged to use it or that it existed solely to provide access to the” workplace … . The ice on the sidewalk, moreover, constituted “a danger that existed to any passerby traveling along the [sidewalk] in that location” and bore no relation to claimant’s employment… . Matter of Trotman v New York State Cts, 2014 NY Slip Op 03002, 3rd Dept 5-1-14

 

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