| Course of Employment and the Personal Comfort Doctrine |
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| An employee injured in the course of employment is entitled to workers' compensation benefits. However, compensability may remain unaffected even if the injury occurred when the employee deviated from his specific job duties to engage in an activity that was purely personal in nature and solely for his own comfort. The personal comfort doctrine allows employees to slightly deviate from their job duties, within the usual time and space parameters of their employment, without losing workers' compensation protection. It is generally understood that employees should be able to tend to their physical needs, such as using the restroom, getting a drink of water, or even taking a break to smoke, during the course of their employment. More... |
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| Pre-Employment Injuries |
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| Generally, compensation will be denied for injuries incurred prior to an employee being actually hired. However, courts have tended to reject form over substance and allowed compensation when the employee was hired though he had not finished the full hiring process such as completing the employer's business paperwork like payroll and tax forms. Compensation turns on whether a contract of hire has been entered into between the employer and potential employee -- an express or implied contract will suffice. More... |
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| Personal Injury |
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| When determining workers' compensation coverage, most states condition benefits on the worker receiving a "personal injury" in the course of his employment. The remainder of states just use "injury." For workers' compensation purposes, a "personal injury" or "injury" includes not only harm to the person from a trauma, such as a cut from a sharp piece of equipment, but also occupational diseases. Further, a "personal injury" can be either a physical or mental condition. More... |
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| Workers' Compensation |
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| Workers' compensation is an employer-provided benefit that exists to aid an employee or his dependents in the event that the employee is injured or killed on the job. Workers' compensation is governed by each state's laws, but the general consensus is that eligibility for such benefits turns on whether the employee suffered an accidental injury that arose out of and in the course of his employment or an occupational disease. More... |
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| Fault of Employee |
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| A core principle within the area of workers' compensation is that the question of "fault" is largely irrelevant. It is only when the employee's "fault" in connection with the injury is occasioned by him leaving the course of employment or is a statutory defense in a jurisdiction will the inquiry come into play. The test for workers' compensation is generally not personal such that an employee's misconduct, whether negligent or intentional, will affect the receipt of benefits. Rather, the test is merely whether the injury arose out of and in the course of employment. More... |
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