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Ingress Egress Rules – North Carolina example – Confusing

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 Ingress Egress Rules

The Ingress Egress rules are confusing and controversial in North Carolina. Ingress-Egress is one of the most confounding sets of rules that employers, injured employees, adjusters, and WC courts face very often.  Ingress- Egress is sometimes also referred to as the “going and coming” rules.

Vector Graphic Of Ingress Egress Injured Worker
StockUnlimited

The definition of ingress is the act of entering a place or a way to enter a place. The definition of egress would be exactly- the opposite – a place or means of going out.  

The ingress and egress rules are also referred to as the “parking lot rules.”   The debate seems to start when a First Report of Injury is received in a claims department where an injured employee slips and falls on a sidewalk or parking lot.   


The ingress-egress rules are not limited to just parking lots and sidewalks.  Most of the serious ingress-egress rules can be stretched to vehicles.  


What happens if an employee is in a vehicular mishap:

  • On his/her way to/from work?
  • During a company errand?
  • In an employer-supplied vehicle?
  • While on the cell phone/texting?

These will not be completely covered in this article, however, these are the questions company owners, risk managers, adjusters, and others in the WC industry should be asking themselves now, instead of post-accident. 

Picture Of Ingress Egress Work Injury Claim Form
123RF

Usually, I can provide a blanket statement that covers most of the US.  This subject is too complicated to make any type of statement.   There are many court rulings in the same state that even making a blanket statement for one state is almost impossible. 

Deviation from the clear path is one of the terms that are very important to this subject.  If an employee is on a company errand and deviates from the clear path, the claims are often denied and contested.  Establishing a clear path can be a task with some routes.  


Using Google Maps, I decided to see what the clear path is from our offices to a local Italian restaurant.  According to Google Maps, (click on the link or here).there are three clear routes, depending on traffic.   Some GPS units will choose one or the other depending on traffic.  


A recent North Carolina Court of Appeals decision shows how complicated an ingress/egress or employee travel case can be when looking at all the facts.   You may have to register to read the article (sorry for the inconvenience).  


The bottom line is to know your state’s ingress-egress rules now even if they may be inconsistent. 

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James Moore

Raleigh, NC, United States

About The Author...

James founded a Workers’ Compensation consulting firm, J&L Risk Mgmt Consultants, Inc. in 1996. J&L’s mission is to reduce our clients’ Workers Compensation premiums by using time-tested techniques. J&L’s claims, premium, reserve and Experience Mod reviews have saved employers over $9.8 million in earned premiums over the last three years. J&L has saved numerous companies from bankruptcy proceedings as a result of insurance overpayments.

James has over 27 years of experience in insurance claims, audit, and underwriting, specializing in Workers’ Compensation. He has supervised, and managed the administration of Workers’ Compensation claims, and underwriting in over 45 states. His professional experience includes being the Director of Risk Management for the North Carolina School Boards Association. He created a very successful Workers’ Compensation Injury Rehabilitation Unit for school personnel.

James’s educational background, which centered on computer technology, culminated in earning a Masters of Business Administration (MBA); an Associate in Claims designation (AIC); and an Associate in Risk Management designation (ARM). He is a Chartered Financial Consultant (ChFC) and a licensed financial advisor. The NC Department of Insurance has certified him as an insurance instructor. He also possesses a Bachelors’ Degree in Actuarial Science.

LexisNexis has twice recognized his blog as one of the Top 25 Blogs on Workers’ Compensation. J&L has been listed in AM Best’s Preferred Providers Directory for Insurance Experts – Workers Compensation for over eight years. He recently won the prestigious Baucom Shine Lifetime Achievement Award for his volunteer contributions to the area of risk management and safety. James was recently named as an instructor for the prestigious Insurance Academy.

James is on the Board of Directors and Treasurer of the North Carolina Mid-State Safety Council. He has published two manuals on Workers’ Compensation and three different claims processing manuals. He has also written and has been quoted in numerous articles on reducing Workers’ Compensation costs for public and private employers. James publishes a weekly newsletter with 7,000 readers.

He currently possess press credentials and am invited to various national Workers Compensation conferences as a reporter.

James’s articles or interviews on Workers’ Compensation have appeared in the following publications or websites:

  • Risk and Insurance Management Society (RIMS)
  • Entrepreneur Magazine
  • Bloomberg Business News
  • WorkCompCentral.com
  • Claims Magazine
  • Risk & Insurance Magazine
  • Insurance Journal
  • Workers Compensation.com
  • LinkedIn, Twitter, Facebook and other social media sites
  • Various trade publications

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