Arising Out of and in the Course of Employment

Policy Purpose

This policy describes one of the key tests that must be met before an injured worker will be entitled to compensation under The Workers Compensation Act (the Act).  Section 4(1) of the Act provides that compensation will be paid if a worker experiences a personal injury by accident arising out of and in the course of employment.

Before a person is entitled to workers compensation, the WCB must therefore determine that:

• The person is a worker as defined by the Act;
• The person performs services in an industry that is covered under the Act;
• The person suffered a personal injury by accident; and
• The accident arose out of and in the course of employment.

This policy focuses on the reasoning process the WCB uses to determine whether an accident arose out of and in the course of employment. It also explains how and when the WCB applies the presumption found at section 4(5) of the Act.