Question: Does worker’s compensation cover injuris that occur while going to your car?
Workers Compensation provides for compensation of injury or death by accident arising in the course of employment. Claimants bear the burden of proving the right to compensation. Whether employee’s injury or death arose in the course of their employment is a question of fact. Injury arises out of employment when a nexus exists between injury and the duties or services performed by employee. The nexus is established when a reasonable person considers the injury to be a risk incidental to employment which fall into 3 categories: (1) risks distinctly associated with employment, (2) risks personal to claimant, & (3) risks neither distinctly employment nor distinctly personal in character. Risks that fall within categories 1 and 3 are generally covered by the Act. However, risks personal to claimant, those caused by a pre-existing illness or condition unrelated to employment are not. With respect to injuries resulting from workplace falls, courts have noted that workplace falls can result from either an employment, personal, or neutral risk. Some falls clearly result from risks personal to the employee; that is, they are caused by a pre-existing illness or condition, unrelated to employment. As a general matter, these “idiopathic” falls are not compensable. In contrast, some falls are “unexplained”. Most jurisdictions compensate such falls, classifying them as neutral risks.