Workers’ compensation insurance only covers injuries that occur "in the course of employment." But in some cases, it can be difficult to determine whether an injury really occurred during the course of employment. Here are three situations where the courts had to decide what "course of employment" meant.

 

1. An 18-year-old employee broke his hip trying to shake loose a bag of chips from a lunch room vending machine. Apparently the chips had been purchased by a female employee and the young man was trying to help her out. The arbitrator ruled in the employee’s favor, saying he was "injured while coming to the aid of a co-worker seeking personal comfort." 

Circuit City Stores, Inc., v. Illinois Workers’ Compensation Commission No. 2-08-0722WC, Appeal from the Circuit Court of McHenry County, No. 07-MR—360

 

2. An employee of JC Penney tripped over her dog on the way to her garage and broke her wrist. The Workers Compensation Board of Oregon denied the claim because her injury did not arise out her employment.  

But the garage was where she stored the fabric samples she used in her work as a decorator for JC Penney and, she said, she was on her way to fetch them. The Appeals Court of the state of Oregon reversed and ruled that her garage was part of her "work environment" and she was entitled to compensation. Mary S. Sandberg v. JC Penney Co. Inc., in the Court of appeals of the State of Oregon, Workers’ Compensation Board, 0702441, A140276

 

3. A claims adjuster assigned remote duties in connection with a hurricane was drinking heavily one evening after work and fell while "riding in the dunes" in a vehicle near Galveston, Texas. While the court said that a traveling employee is generally covered for workers’ comp during the entire trip, the exception is when there has been "a distinct departure on a personal errand." That seemed to fit the adjuster’s situation in this case and compensation for his injuries was denied.

Knight v. Department of Labor and Indus., 181 Wn. App. 788

Most workers’ compensation claims are more clear-cut than these. However, if you have a situation where you are not sure whether workers’ compensation would apply, make sure the injured employee has received medical attention, and then make your case to the insurer. For more information or help, contact the insurance professionals of EPIC’s CRA ProRental™ Insurance Program. Call us at: 800.234.6363.