Legal Definitions - course of employment

The legal term course of employment refers to the specific time, location, and circumstances under which an employee's actions or an incident occurred. This concept is primarily used in workers' compensation cases to determine if an injury or illness is eligible for benefits.

For an event to be considered "in the course of employment," it generally must satisfy three conditions:

• It happened within the period of employment (e.g., during work hours, a scheduled break, or a work-related event).
• It occurred at a place where the employee was reasonably expected to be for their job duties (e.g., the workplace, a client's office, or while traveling for work).
• It took place while the employee was performing their job duties or engaging in activities closely related or incidental to those duties (e.g., working, taking a sanctioned break, or attending a mandatory work function).

It's important to distinguish course of employment from other related legal concepts. While "in the course of employment" focuses on when, where, and under what conditions an event happened, the term "arising out of employment" refers to the cause or origin of the injury, meaning the job itself was a contributing factor. Furthermore, course of employment is a broader concept than "scope of employment," which refers more narrowly to the specific tasks an employee is authorized to perform. An activity can be "in the course of employment" even if it's not strictly within the employee's direct job responsibilities, as long as it's incidental to their work.

Here are some examples illustrating the concept of course of employment:

• Example 1: Workplace Incident During Shift

  A cashier working at a grocery store slips on a spilled liquid in an aisle while walking to the back room to retrieve more change for their register. They sustain a knee injury from the fall.

  Explanation: This incident would likely be considered "in the course of employment" because it occurred during the cashier's scheduled work shift (period of employment), within the grocery store premises (a place where they were reasonably expected to be), and while performing a task directly related to their job duties (getting change for the register).

• Example 2: Work-Related Travel

  An architect is driving their personal vehicle to a construction site across town for a mandatory project meeting with a client. On the way, they are involved in a minor car accident, resulting in whiplash.

  Explanation: Even though the architect was in their personal car and off the main office premises, this incident would typically fall "in the course of employment." They were traveling during their work day (period of employment), to a location required for their job (place where they were reasonably expected to be), and for the purpose of fulfilling a work duty (attending a client meeting).

• Example 3: Incidental Activity During a Break

  A software developer takes their legally mandated 15-minute break in the company's designated breakroom. While reaching for a coffee cup from a high shelf, they accidentally knock over a hot water dispenser and suffer a minor burn.

  Explanation: This incident would generally be considered "in the course of employment." Although it happened during a break, the break was a sanctioned part of their work day (period of employment), taken in a company-provided area (place where they were reasonably expected to be), and engaging in an activity incidental to their employment (taking a short, authorized break to refresh). The employer provides the breakroom and amenities, making activities within it during a break part of the work environment.