Workers are eligible for compensation if they suffer a personal injury "arising out of and in the course of employment". "Arising out of the employment" is mostly concerned with whether the activity giving rise to the injury is causally connected to the employment. "In the course of employment" refers to an injury which occurs within the time of employment, at a location where the worker may reasonably be, and while performing work duties or an activity incidental to employment. Put simply, "arising out of the employment" generally refers to what caused the injury. "In the course of employment" generally relates to "in the doing of". This policy focuses on "in the course of employment" and specific sub-topics which fall under "employer premises". This policy only deals with the determination of the "employer premises" regarding accidents that occur during the course of going to and from work. The distinct issue of "business travel" is covered under separate policies (22.214.171.124, Transportation Controlled by Employer, 126.96.36.199, Travelling on the Job and 188.8.131.52, Special Assignment Coverage). "In the course of employment" is not limited to the actual tasks or exact hours of work. At the same time, it is generally agreed that workers compensation was not intended to cover the worker during travel between home and the workplace. Between these two extremes, a balanced principle on the subject of going to and from work has developed in the workers compensation arena. Namely, going to and from work is covered on the employer's premises. No hard and fast rules can be maintained when considering the broad issue of "arising out of and in the course of employment". Each claim is considered on its individual merits. However, it is reasonable and necessary from a practical perspective to develop a framework to interpret the intent of The Workers Compensation Act as it applies to certain situations. This policy serves as a framework for claims when the "premises" issue must be addressed.
|44.05.20 General Premises|