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In Ralser v. Harrah’s New Orleans, the claimant tripped over the extended arm of a forklift while walking toward the employee entrance for the defendant’s casino. A third-party construction contractor had parked the forklift adjacent to the employee entrance while doing work on the premises. Surveillance footage showed that no warning signs, barricades, or other safety devices had been placed around the forklift. Evidence also showed that another employee tripped over the same forklift on the same day.

Generally, an employee's injuries sustained while traveling to or from a place of employment are not compensable under the Workers’ Compensation Law. This is known as the “going-and-coming rule.” However, at trial, the workers’ compensation judge applied the Threshold Doctrine, an exception to this general rule, and found the accident occurred in the course and scope of the claimant’s employment. Under Louisiana law, the Threshold Doctrine applies when:

1. A distinctive or unusual travel risk exists; and
2. The risk is immediately  adjacent to the employer’s premises.

On appeal, the employer argued that the trial judge was manifestly erroneous in applying the Threshold Doctrine. However, in affirming the trial court’s determination, the appellate court emphasized several factual findings that supported application of the doctrine:

• The forklift created a  distinctive travel hazard.
• The hazard was  immediately adjacent to the employee entrance.
• Employees regularly traversed the route where the forklift was located.
• The risk arose from construction activities associated with Harrah’s premises.
• No warnings, barricades,  or protective measures were in place to protect employees from the hazard.

Under the facts of this case, the court found the Threshold Doctrine applied. Even though the employer did not own the forklift, evidence showed the forklift was within the defendant-employer’s control and presented a distinct travel risk immediately adjacent to the casino.  

While it may be limited to its facts, this decision is significant because it appears to extend application of the Threshold Doctrine and suggest employers may be held responsible for dangers created by conditions near workplace access points, even when those conditions arise from the activities of third parties. Because Ralser presented very unique circumstances, it remains to be seen whether the decision will impact the well-established Threshold Doctrine beyond its facts.

References:

 Ralser v. Harrah’s New Orleans, ___ So. 3d ___, 2026WL 1090787 (La. App. 4 Cir. 4/22/26).

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