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Alabama Workmans Compensation Lawyer Arising out of and in the course of

Alabama Workmans Compensation Lawyer Arising out of and in the course of

Alabama Workmans Compensation Lawyer Arising out of and in the course of: If you work in Alabama and have suffered a job injury which "arises out of" and is "in the course of their employment," then chances are good that you have a compensable workmans compensation claim. But what exactly do the clauses "arising out of" and "in the course of" really mean?

Ala.Code §25-5-1(8) reads as follows: Injuries by accident arising out of and in the course of the employment. Without otherwise affecting either the meaning or interpretation of the clause, the clause does not cover workers except while engaged in or about the premises where their services are being performed or where their service requires their presence as a part of service at the time of the accident and during the hours of service as workers. That is a clear as mud. What these phrases have been found to mean is as follows: "arising out of" means that the injury sustained arose as a result of the worker performing their actual job duties. "In the course of" has been found to refer to the time, location and circumstances surrounding the job injury.

For instance, if your job in on an assembly line, but during break you wonder to the manufacturing section to talk to a friend and you were injured, it would be difficult to prove that your injury arose out of and in the course of your actual job duties. If you are doing your job in an acceptable manner when and where you believe you are supposed to be, then your injury would most likely be compensable.

Having stated this, your workers compensation benefits are not solely limited to employees injured while performing their actual job duties. Alabama law recognizes that certain activities performed by workers may not be solely for the benefit of their employer, but that the actions are incidental to employment, and injuries sustained while performing these incidental activities are also covered by workers compensation. This may also include injuries which occur in the restroom, break area, parking lot, etc. (assuming no misconduct was taking place). It also covers exceptional situations, such as where a worker is injured while trying to come to the aid of another worker who may be in danger.

If you were injured at work and you have questions about your right to Alabama Workman's Compensation benefits, don't hesitate to contact and speak with one of the experienced attorneys at Powell and Denny today.

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Offices in Huntsville, AL and Hoover, AL

Alabama Workmans Compensation Lawyer Arising out of and in the course of

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