Issue of whether an injury is covered by workers compensation law can be complex

Brent Adams

Attorney
(866) 735-1102 Ext 645

0 CommentsPrint ArticleSubscribe

Employees are entitled to benefits from workers' compensation whenever they receive a personal injury "arising out of and in the course of employment. For example, a machinist received an injury to his eye from flying glass from a cola bottle while on his lunch break that caused blindness in that eye. As he was placing the bottle in the cooler, it exploded.

He would be entitled to receive benefits if he was still considered to be on the clock and required to be on the premises of his employment during the lunch break.

Whether or not worker's compensation covers a personal injury to an employee depends on the unique facts of each scenario. Here are some factors that come into play:
• Did an increased risk from the job greater than the risk held by the general public result in the injury?
• Would the injury have not occurred if the employee had not been placed in a position to be injured by work obligations?
• Could the injury be considered purely personal and not connected in any way to the employment? Even if it were purely personal, did the injury take place at the workplace?
• If the injury is the result of a workplace dispute, was it over a matter that was personal and private? Whether or not the injury is covered may depend on whether employees were fighting over a matter such as overtime shifts, or a previous altercation at a bar over the weekend.
• If an employee is assaulted by a member of the general public at work, was the danger greater because of the nature or setting of the work (for example: security guards, police officers, convenience store clerks, and bartenders)?

For more information on this subject, please refer to our section on Workers Compensation.