Slipped on Ice Walking to Your Car After Work? Why a Rhode Island Court Denied Workers' Compensation

Most people assume that if they get hurt at work, Rhode Island workers' compensation will cover their medical bills and lost wages. But what happens if you have already punched out and are walking to your car when you slip on ice? A recent decision from the Appellate Division of the Rhode Island Workers' Compensation Court shows that an injury in or near an employee parking area is not automatically covered, and that the answer often depends on who owns and maintains the ground where you fell.

In Philips v. Eaton Corporation, decided August 5, 2026, the Appellate Division upheld the denial of benefits for an employee who fell on an icy speed bump after her shift ended. The court found that she had not proven an exception to the "going and coming" rule, the rule that generally prevents workers from collecting benefits for injuries suffered while traveling to or from work.

What Happened in Philips v. Eaton Corporation

According to her testimony, the employee finished her shift on March 24, 2024, punched out, and began walking toward her car. On the way, she slipped on an icy speed bump and landed on her right side. She filed a petition for workers' compensation benefits, and the trial judge denied it.

The trial judge explained that the key question was whether her injury fit into a recognized exception to the going and coming rule. To answer that question, he reviewed three Rhode Island Supreme Court decisions that shape how these cases are decided:

• Branco v. Leviton Mfg. Co., 518 A.2d 621 (R.I. 1986)
• Rico v. All Phase Electric Supply Co., 675 A.2d 406 (R.I. 1996)
• Phillips v. Enterprise Rent-A-Car Co. of R.I., LLC, 273 A.3d 609 (R.I. 2022)

The employee appealed. She argued that the trial judge made inconsistent findings about whether she fell in a parking lot or on a common drive, and she compared that common drive to the public road at issue in the Phillips case.

What Is the Going and Coming Rule in Rhode Island?

The going and coming rule, also called the coming and going rule, is an exclusionary rule. As a general matter, it bars workers' compensation benefits for injuries that happen while an employee is commuting to or from the workplace. The reasoning is that an ordinary commute is a risk everyone faces, not a risk created by the job itself.

There are exceptions. Injuries may still be covered in some situations, such as when an employee is running a work errand, is on call, or is in an area that the employer owns or controls. We explain several of these situations in our article on off-the-clock injuries that may be covered by workers' compensation. The burden, however, is on the injured worker to prove that one of these exceptions applies.

The Branco Test for Parking Lot Injuries

When an injury happens in a workplace parking area, Rhode Island courts look to the Supreme Court's decision in Branco. Under Branco, a parking lot injury may fall within an exception to the going and coming rule if all three of the following are true:

1. The employer owns and maintains an employee parking area that is separate from its facility.
2. The employer takes affirmative action to control the route the employee travels.
3. The employee is injured while traveling directly between the lot and the employer's facility.

If the worker cannot establish these elements, or cannot show that another recognized exception applies, the claim is likely to be denied.

Why the Court Denied Benefits in This Case

The Appellate Division rejected the argument that the trial judge misunderstood where the fall took place. The panel found it clear from the record that the trial judge understood the location to be a common walkway leading to a parking area and analyzed it that way.

Several facts worked against the employee:

• The employer did not own or maintain the area. The parking area was leased by the employer, and the trial judge accepted testimony from the employer's witness that the company neither owned nor maintained the spot where the fall occurred. That meant the first part of the Branco test was not satisfied.
• The walkway was not a public road. The court found that the location was different from the public road involved in Phillips, so the employee's comparison to that case did not hold up.
• The ice was a controllable hazard. The court reasoned that ice is not a fixed, unavoidable risk that exists no matter who owns the property. Instead, the danger depends heavily on what the owner or party responsible for maintenance does, such as spreading ice melt or posting warnings. Because the employer was not that party, the risk was not tied to the employer in the way the exception requires.

Finding no clear error and no evidence that the trial judge overlooked or misunderstood material facts, the Appellate Division denied and dismissed the appeal and affirmed the trial judge's decision and decree.

What This Decision Means for Injured Rhode Island Workers

This case is a reminder that the details of where and how a fall happens can decide whether a workers' comp claim is paid. If you are hurt in a parking lot, walkway, or driveway near your job, keep these points in mind:

• Ownership and maintenance matter. Whether your employer owns, leases, or maintains the area can make or break your claim. Evidence about who plows, salts, and repairs the lot is often critical.
• Document the scene right away. Take photos of the ice, the lighting, any warning signs, and the route you were taking. Write down the names of any witnesses.
• Report the injury promptly. Tell your employer as soon as possible, and be aware of the deadlines for filing a workers' comp claim.
• A denial is not always the end. If your claim is denied, you may have options. Learn what to do if your workers' compensation claim is denied and what to expect during a workers' compensation appeal.
• Another claim may be available. When workers' comp does not apply because your employer did not control the property, the owner or company responsible for maintaining the lot may be responsible for failing to clear snow and ice. You may be able to pursue a premises liability claim against that party. Read more about slip and fall accidents on snow and ice in Rhode Island and liability in parking lot slip and fall cases.

Every case turns on its own facts, and the line between a covered workplace injury and an uncovered commuting injury is not always obvious. An experienced attorney can investigate who controlled the property, gather the evidence needed to prove your injury is work-related, and determine whether a workers' comp claim, a third-party claim, or both may be possible.

Frequently Asked Questions

Does workers' comp cover a fall in my employer's parking lot in Rhode Island?

It can, but not always. Under the Branco test, a parking lot injury may be covered if the employer owns and maintains a separate employee parking area, takes affirmative steps to control the employee's route, and the employee is hurt while traveling directly between the lot and the workplace. If the employer does not own or maintain the area, the claim may be denied under the going and coming rule.

Am I covered by workers' comp after I clock out?

Clocking out does not automatically end coverage, but injuries that happen during your commute to or from work are generally excluded under the going and coming rule. Coverage may still apply if an exception fits your situation, such as being injured in an area your employer owns or controls or while running an errand for your employer.

What is the going and coming rule?

The going and coming rule is a workers' compensation principle that generally denies benefits for injuries that occur while an employee is traveling to or from work. Rhode Island courts recognize limited exceptions, and the injured worker must prove that an exception applies.

What can I do if my workers' comp claim for a parking lot fall is denied?

You may be able to appeal the denial through the Rhode Island Workers' Compensation Court. You may also have a separate premises liability claim against the property owner or the company responsible for snow and ice removal. Speaking with a lawyer early can help you protect both options.

Talk to a Rhode Island Workers' Compensation Lawyer

If you were hurt in a parking lot, walkway, or entrance near your job and your claim was questioned or denied, the attorneys at Kirshenbaum & Kirshenbaum can review what happened and explain your options. Contact us today to schedule a free consultation.

The details of this case were originally published in the August 5, 2026 issue of Lawyers Weekly. Philips v. Eaton Corporation (Lawyers Weekly No. 72-009-26) (W.C.C. 2024-02473) (Aug. 5, 2026). This article is for general informational purposes and is not legal advice.