Arising Out of Employment

TL;DR

Workers' compensation covers work-related injuries arising out of and in the course of employment, but the interpretation varies across states.

Transcript

let's take a look at the concept of arising out of employment workers compensation is intended to deal with work-related injuries and illnesses specifically those that arise out of and in the course of employment the requirement that the injury or illness occur in the course of employment refers to the time place and setting in which it occurs aris... Read More

Key Insights

• ❓ The phrases "in the course of employment" and "arising out of employment" have different interpretations and have been subject to litigation and variability across states.
• 🧑‍⚕️ Travel and personal activities during work hours can raise questions about coverage for injuries under workers' compensation.
• 🧑‍⚕️ Employees under the influence of drugs or alcohol on the job are usually not entitled to workers' compensation.
• 👷 Injuries caused by co-worker misconduct, if not significantly deviating from required tasks, are generally compensable.
• ✳️ Different doctrines, such as the peculiar risk doctrine and the positional risk doctrine, determine the coverage of injuries or illnesses under workers' compensation.
• 🥰 Heart attacks and back injuries present challenges in determining whether they arise out of employment, as they can have multiple causes.
• 🥰 Courts often follow the exertion rule when deciding if heart attacks and back injuries are compensable under workers' compensation.

Questions & Answers

Q: What is the difference between "in the course of employment" and "arising out of employment"?

"In the course of employment" refers to the time, place, and setting in which an injury or illness occurs, while "arising out of employment" refers to the underlying causation of the injury or illness.

Q: Are employees covered if they are injured while attending to personal activities during work hours?

Generally, injuries that occur while employees are attending to personal activities are considered to be in the course of employment and compensable under workers' compensation.

Q: Are employees entitled to workers' compensation if they are injured while under the influence of drugs or alcohol on the job?

Employees who are injured while under the influence of drugs or alcohol on the job are typically viewed as having abandoned their jobs and are not entitled to workers' compensation.

Q: Are injuries caused by co-worker misconduct covered under workers' compensation?

Non-participating employees who are injured by the horseplay or pranks of other employees are generally entitled to workers' compensation.

Summary & Key Takeaways

• Workers' compensation deals with injuries and illnesses that occur in the course of employment and arise out of employment.

• Travel and personal activities during work hours can raise questions about coverage for injuries.

• Misbehavior that results in injury, but does not deviate significantly from required tasks, is usually compensable under workers' compensation.