What Does It Mean for an Injury to “Arise Out of and Occur in the Ordinary Course of Employment”?

What Does It Mean for an Injury to “Arise Out of and Occur in the Ordinary Course of Employment”?

If you have been injured at work in Alabama, you may hear someone say that your injury must “Arise out of and occur in the ordinary course of employment.”

While this sounds like complicated legal language, the concept is actually fairly simple. In order for an injury to be covered by Alabama workers’ compensation law, there must be a connection between the injury and your job.

What Does “In the Course of Employment” Mean?

This part of the test deals with when and where the injury occurred.

Generally speaking, an injury occurs in the course of employment if it happens while you are:

• performing your job duties
• at a place where your work requires you to be
• during a time when you are working or engaged in a work-related activity

For example:

• A warehouse employee injures his back while loading inventory.
• A nurse slips while assisting a patient.
• A construction worker falls from scaffolding at a job site.
• A worker slips on a wet floor in the restroom or lunch area, enterring or leaving work or in other areas set aside for workers to use.

In each of these situations, the injury occurred while the worker was performing duties related to their employment.

What Does “Arise Out of Employment” Mean?

This part of the test deals with why the injury happened.

The injury must result from a risk or condition related to the worker’s employment.

For example:

• A delivery driver is injured in a motor vehicle accident while making deliveries.
• A factory worker injures a hand while operating machinery.
• A healthcare worker suffers a shoulder injury while lifting a patient.
• A factory worker suffers carpel tunnel syndrome as a result of repeated use.

In each instance, the injury is related to the work being performed.

Both Requirements Must Be Met

Many people assume that because they were at work when they were injured, the injury is automatically covered, but that is not always the case.

An injury generally must both occur during the course of employment; and arise out of employment to qualify for workers’ compensation benefits.  Just because you fell at work does not mean that any resulting injuries are work related.  If your knee buckled for no reason, or you tripped over your own feet-that may be classified as an idiopathic fall, and any injuries would not be covered under Alabama’s workers’ compensation laws if proven to be true.

This argument comes up more often then you would think.  Often a worker falls at work, and when asked what happened, they respond “I don’t know.”  Such a response opens the door for an idiopathic injury argument by the workers’ compensation insurance carrier.  Remember, while Alabama’s workers’ compensation laws are “no fault,” a worker still has to connect their injury to their job duties.

The phrase “arise out of and occurring in the course of employment” may sound intimidating, but it simply refers to the connection between your injury and your work. Workers’ compensation benefits are intended to protect employees who are injured because of their employment while performing their job duties. Determining whether an injury meets this standard is one of the first issues considered in any Alabama workers’ compensation claim.

Questions About a Work Injury?

If you have suffered a job injury and you have questions about your rights and benefits under Alabama’s workers compensation laws -don’t hesitate to contact and speak with one of the experienced Alabama Workers Compensation and Social Security Disability attorneys at Powell and Denny today for a free consultation. Appointments are available in person, or virtually via Zoom if more convenient.  Powell and Denny would appreciate the opportunity to help.  And remember, there is no fee unless you win.

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