The workers’ compensation scheme covers employees whose injuries arise out of and in the course of employment. The phrase “arising out of and in the course of employment” seems simple, but its application can be quite complex. This is a concept that courts have not given clear guidance on, and therefore it is a question that often ends up being litigated. This blog will focus on determining whether an injury arises out of the course of employment.
The basic
rule is that the injury must have been caused by something at work in order to
fall under the workers’ compensation laws. This is determined by looking at
whether the worker was put at an increased risk for injury due to her
employment. An increased risk is any risk for injury that is greater than the risk that the
general public is exposed to. A good example is a chef being burned by a
pan. If she hadn’t been working, she would not have been at the same elevated
risk for burns.
One example
of a claim where the court determined the employee was not at an increased risk
was a woman who sued her employer after slipping and falling on a public plaza
outside the building where she worked. The employee claimed that she should be
entitled to compensation because she would not have been exposed to the ice had
she not gone to work. The court, however, ruled that she was at no greater risk
than the general public when she walked across the plaza.
On the subject
of leaving work, courts have generally said that employees cannot receive
compensation for injuries suffered on the way to or from work. This changes,
however, when an employee is travelling while on the clock. While there is
always some risk of injury when travelling on the street, employers must accept
this risk as their own when an employee is travelling on their behalf.
Stay tuned for more posts about the
Minnesota workers’ compensation system. In our next post, we will be talking
about what it means when injuries arise in the course of employment. In the
meantime, if you have been injured at work and are not receiving fair compensation
from your employer, give us a call. 612-ASK-DAVE (612-275-3283) or toll free at
1-800-888-4425. We are here to help!