What injuries are covered under workers compensation?

A. “Occupational” Injuries are covered by the workers compensation policy. An “occupational” injury is one that “arises out of and is in the course and scope of employment.” These are three distinct tests:

1.” Arise out of…” indicates a connection between the furtherance of your business and the injury. If you benefit in some way from the employees activity, then the injury suffered by the workers in pursuit of the activity is considered to have “arisen out of the employment”

2. “In the course…” is a function of the timing and location. Did the injury occur during the workers operation/activities for you- regardless or the time of day? Was that worker at a location you expected or should have reasonably expected? If the answer to both questions is “yes”. then the injury is assumed to have occurred in the course of employment:

3. ” Within the scope of employment” this test more specifically defines the first 2 tests by: 1) analyzing the motivations of the worker 2) analyzing your direction and control over the actions of the worker; and 3) analyzing your ability to foresee the activities of the worker. If the employee was acting under your presumed direction, control, knowledge and expectations, then the injury will likely be considered “occupational”

from the pamphlet ” Answers to 12 of the most commonly asked workers compensation questions ” from State Fund first

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