Med Pay Thwarted by Workers Comp Incident

We have a standard GL policy. The insured owns a 2 story commercial building. Claimant is an employee of a tenant in that building. During work hours he went down to the garage to get something from his car and used the building elevator located in the garage to go to the 2nd floor where his office was located. The elevator door closed and injured his arm. The general liability med pay coverage is excluded if benefits are payable under Workers Comp. Would such an incident be covered under workers comp?

Florida Subscriber

This definitely sounds like a WC claim. The injured person was there during working hours and just left his workplace to retrieve something and then to return to work. This is akin to leaving your office to eat lunch in the cafeteria or go to the bathroom. So, the injured person was still on the job and the med pay WC exclusion applies to a person, whether or not an employee of any insured, if benefits for the BI are payable under WC law. So, there is no med pay coverage for this incident.

 

 

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