course of employment


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Course of Employment

As set forth in Workers' Compensation acts, the time, place, and conditions under which an on-the-job accident occurs. The performance of an act that an employee might prudently do while in the appropriate area during working hours.

In the event that an employee causes an injury to another or another's property, it is necessary to ascertain whether the employee was acting within the course of employment. The employer is legally responsible for the damages if the employee caused them while performing a job. If a driver for a transportation firm is involved in an accident with a pedestrian, for example, the pedestrian can sue both the driver and the firm. Under the doctrine of Respondeat Superior, an employer can be held liable for a tort, a civil wrong other than breach of contract, committed by an employee operating within the scope of the employee's employment.

Workers' compensation laws require the payment of compensation from the employer to the employee in conformity with a schedule for a particular category of injury, provided that the employee is injured during the course of employment. The course of employment encompasses the actual period of employment and the period during which the employee, while on the employer's premises, prepares to commence or to depart from work, such as by changing clothes. Employer-sponsored recreational activities are also considered part of the course of employment when organized, encouraged, or supported by the employer for business purposes, such as the promotion of efficiency. The test is whether the recreation inured to the employee's exclusive benefit or whether the employer had some interest in the activity. Injuries suffered by an employee while observing, participating, or traveling to or from recreational activities sponsored in whole or in part by the employer but conducted on the employee's time and off the employer's premises are not compensable.

Where the recreational activity is part of the employee's compensation, an injury is compensable. If an employer, for business reasons, arranges and pays for an employee to join and participate in a social or athletic club, the employee's activities are an incident of the course of employment and an injury is, therefore, compensable.

The periods during which an employee prepares for work while at home or commutes to his or her place of business are not within the course of employment, and, therefore, are not covered by workers' compensation laws.

course of employment

adj. actively involved in a person's employment at a particular time, most likely when an accident occurred, which is required to make a claim for work-related injury under state Workmen's Compensation Acts. (See: scope of employment)

course of employment

see VICARIOUS LIABILITY.
References in periodicals archive ?
If you are thinking about holding a party for your employees, Christmas or otherwise, consider the following: Employers can be vicariously liable for |discrimination or harassment committed by an employee in the course of employment.
The product must comply with the specifications established by the regulations in the course of employment on the national road network (including nf p 98-190).
And in Rhondda Cynon Taf, a warning was given to a staff member who engaged in a "physical assault of member of the public" - the conduct was not in the course of employment but was deemed to be "a failure to uphold the integrity and credibility of the council".
Preserve the company's ownership interests in materials developed for the company in the course of employment.
Injuries sustained on your time off may not be covered under workers compensation insurance because they don't occur out of and in the course of employment.
Other common examples of taxable benefits include automobile benefits and allowances, parking and transit passes, employee loans and stock options, travelling expenses for a spouse or partner, and many other fringe benefits that may be received by an employee in the course of employment.
For example, when you're walking from your car to the door in the employer-owned parking lot, then you fall on wet leaves or snow and ice, your injury "arose out of and in the course of employment.
However, there are no special provisions in the UAE Federal Law No 8 of 1980 on Labour Relations that make it mandatory for employers to recruit persons with special needs, although all employers are urged to provide equal opportunities facilities to any person as such either during recruitment or during the course of employment of such person.
The report studied in detail the course of employment activities in Turkish markets from the 2009 global financial crisis to date.
30pm outside St Philip's Cathedral to pay tribute to all those who have lost their lives in the course of employment or died as a result of industrial diseases contracted at work.
For those of you who are unaware, the act puts in place various obligations that make employers liable for any acts of discrimination, harassment or victimisation committed by their employees whilst in the course of employment.
Under the Personal Information and Protection of Electronic Documents Act ("PIPEDA"), provincially regulated employers need to protect the personal information they collect in the course of commercial activities, but there is no equivalent statutory obligation to protect employee personal information collected and used in the course of employment.