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 ?
The NSITF is assigned the responsibility of the payment of adequate compensation for employees or their dependants of any injury, disease, disability or death arising out of or in the course of employment.
Thus, a purely psychological injury, such as PTSD, must arise out of the employment while the triggering event of a sudden shock or fright causing the injury must occur in the course of employment.
These benefits can be used once per calendar year and, over the course of employment, employees are allowed up to $40,000 in financial support for these benefits combined.
Employers are vicariously liable for harassment committed by their employees in the course of employment.
Recipients are engaging dedicated business coaches and financial counsellors to help them refocus their business after the disaster, look at their cash flow and chart a new course of employment and growth.
1426 or the 'First-time Jobseekers Assistance Act,' which exempts first-time job seekers from paying documents usually required in the course of employment locally or abroad.
In case of injury during the course of employment, is it mandatory to bear the expenses of the treatment and to compensate the injured employee as per law?
And a final example is found in Kentucky where the term injury means "any work-related traumatic event or series of traumatic events, including cumulative trauma arising out of and in the course of employment which is the proximate cause producing a harmful change in the human organism evidenced by objective medical findings.
The phrase within the course of employment can refer to the time, place and circumstances of the injury.
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.
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.
for bullying or harassment) committed in the course of employment.