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Simple English definitions for legal terms
course of employment
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A quick definition of course of employment:
Course of employment: This term is used to determine if an injury that happened during work is covered by workers' compensation. It refers to the time, place, and circumstances of the accident. An accident happens in the course of employment if it occurs while the employee is working, at a place where they should be working, and doing something related to their job. The term "arising out of" refers to the cause of the injury, which must be related to the job. The course of employment is broader than the scope of employment, which means an injury can happen during work but not be part of the job duties.
A more thorough explanation:
Definition: "Course of employment" is a term used in workers' compensation systems to determine if an injury caused by an accident is eligible for compensation. It refers to the time, place, and circumstances under which an accident occurred. An accident occurs "in the course of employment" when it occurs within the period of employment, at a place where the employee reasonably may be in the performance of their duties, and while the employee is fulfilling their duties or is engaged in something incidental thereto.
For example, if a delivery driver is injured while making a delivery, that injury would likely be considered to have occurred in the course of employment. However, if the driver is injured while taking a personal phone call during their delivery route, that injury may not be considered to have occurred in the course of employment.
The term "arising out of" is narrower than "in the course of." It refers to the origin or cause of the injury. An accident "arises out of" employment when the employment was the cause of the accident that resulted in the injury.
It's important to note that the course of employment is not the same as the scope of employment. An injury may occur in the course of employment even if it does not occur in the scope of employment.
Examples:
- A construction worker falls off a ladder while installing drywall on a job site. This injury would likely be considered to have occurred in the course of employment.
- An office worker slips and falls in the break room while getting a cup of coffee. This injury may not be considered to have occurred in the course of employment.
The first example illustrates an injury that occurred while the employee was fulfilling their duties on the job site, which is within the period of employment and at a place where the employee reasonably may be in the performance of their duties. The second example illustrates an injury that occurred while the employee was engaged in a personal activity during a break, which may not be considered incidental to their employment.