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. Arising out of employment refers to the underlying causation of the injury or illness.
These phrases seem simple, but they have been the object of much litigation and variability across states in how these phrases are interpreted.
Many circumstances raise questions about whether injuries or illnesses arose in the course of employment. Travel by employees, outside of commuting to and from work, also raises questions about coverage. Injuries that occur while employees are attending to personal activities are generally considered to be “in the course of employment” and compensable. Brief departures from work activities to attend to personal needs are to be expected. However, employees who are injured while under the influence of drugs or alcohol on the job are usually viewed as having abandoned their jobs and are not entitled to workers’ compensation.
In cases of injuries caused by coworker misconduct, nonparticipating employees who are injured by the horseplay or pranks of other employees are generally entitled to workers’ compensation. Misbehavior that results in injury but does not constitute a substantial departure from required tasks is likely to be compensable. To be covered by workers’ compensation, injuries must not only occur in the course of employment, but must also arise out of employment. Although these two requirements tend to coincide, this is not always the case.