Arising Out of and in the Course of Employment
The Workers Compensation laws have evolved around this language “arising out of and in the course of employment.” This language shows the connection between the accident and the job. For the injury to arise out of the employment, a connection must show the job and the accident. For the second phrase which states, “in the course of employment” means that the worker is performing his job for the employer and the employee was hurt while at work. Also, there many subjects discusses this that have arisen in the case law. Of course, there are exception to this general rule regarding the case law that was evolved over the years for Workers Compensation. In sum, the case law shows whether the workers compensation claim is compensable or not compensable.
- Going to and Coming from Work – This is known as going and coming rule. Normally, workers who travel to work or from work and get injured cannot receive benefits for Workers Compensation. However, there are exceptions to this law which are if the job paid for the transportation or provided a vehicle to travel. Workers whose employer mandates them to provide their own transportation may also have a compensable claim.
- Idiopathic Injuries – These types of injures are not compensable. Idiopathic injuries happen when there is unknown cause of harm such as a stroke or heart attack which just happen on the job. However, there is link between the injury and the job. However, there are exception to this rule depending the type of work you do.
- Premises Exception – If a worker is injured on the property of the employer, it would be deemed compensable and covered by the employer even though the employee is not being paid by the employer.
- Dual Purpose Doctrine – If an employee drives to a place for the purpose of the employer, then employee may be covered because he/she is acting in furtherance of the employer’s business.
- Injured by Third Parties – Intentional or negligent acts causing harm by third parties are compensable.
- Horseplay – If an employee is fooling around at work or partying causing his injury, the employer may not be covered for benefits. Normally, the person who started it will not be covered.
- Special or Proximity Hazard Exception – If an employee is harmed by a special hazard and is unique to his job and left the premises of the employer, that can be compensable.
- Special Errand Exception – If the worker ran the specific errand for the employer, that can be found compensable. However, there are exception to this rule as well to applies like the Dual Purpose Doctrine.
- Off-Duty Injuries – When an employee is on a short break and is injured, that can be found compensable. There are factors associated with this particular rule such as how often breaks are taken, deviation from employment, the duration of breaks, and if these breaks were allowed.
You should hire an experienced attorney when you are hurt on the job to make sure that your claim goes as smoothly as possible. As your Frederick Worker Compensation Attorney, the Law Firm is here to serve Frederick, Montgomery, Washington, and Carroll Counties as well as the remaining Maryland area. The Firm would like to be your Workers Compensation Lawyer. Please contact the Soubra Law Firm at 301-219-5038 to discuss your case.