Workers’ Compensation is available to employees who were hurt while working or because of work conditions. The specific phrasing of this rule in the Workers’ Comp Act is that Workers’ Comp pays for injuries “to an employe [sic] in the course of his employment.”
This is usually taken to mean that the accident was either caused by workplace conditions or while performing work-related tasks. There are multiple rules to consider about what is and is not “in the course of employment.” Accidents that happen outside the course of employment are not covered under Workers’ Comp, but you may still be able to sue for them.
For help with an injury claim, call Cardamone Law’s Certified Pennsylvania Workers’ Compensation Lawyers at (267) 651-7945.
The “Course of Employment” Requirement
Under the Pennsylvania Workers’ Compensation Act, your employer is required to cover injuries that occur “in the course of [your] employment.” This usually covers two situations:
Work Conditions Cause the Accident
If the actual conditions at your workplace are dangerous and cause your injury, you should be entitled to compensation through Workers’ Comp. This can cover anything from slip and falls on icy sidewalks at your office building to broken handrails on a catwalk that cause a long fall.
Injured While Performing Work Tasks
An injury while you were actually doing your work tasks is also considered to be “in the course of employment.” This is perhaps the more common type of case, where you were injured while actually performing your duties and serving your employer.
This can include all kinds of injuries, such as the following:
- Truck drivers injured while driving a truck
- Machinists injured while using machinery at work
- Construction workers falling from scaffolding while building
- Someone typing up reports for work getting carpal tunnel
- A refinery worker getting cancer after years of chemical exposure
- A police officer being stabbed while trying to make an arrest.
Generally, if what you were doing serves your employer’s interests rather than your own, it is in the course of your employment.
The “Employment” Requirement
Because Workers’ Comp only covers injuries “in the course of employment,” you have to be “employed” and qualify as an “employee” to get coverage.
The Workers’ Comp Act does not cover independent contractors, but it does cover all kinds of employees:
- Full-time employees
- Part-time employees
- Seasonal employees
- Employees of contractors.
The exceptions are
- Casual employees, who have no expectation of an ongoing working relationship
- Household employees, who are not covered under Workers’ Comp
- Federal employees, who use a different federal system
- Longshoremen and realtors, who are explicitly excluded from the statute’s coverage
- Volunteers, who are not paid.
What is Outside the “Scope of Employment”?
Injuries outside the scope of employment cannot be the basis for a Workers’ Comp claim. This usually means that the actions served you, not your employer. You may, however, still be able to sue at-fault parties.
The lines can be drawn in a few ways.
Injuries Outside of the Workplace
If you are injured outside of your physical office or work site, it might still be considered “in the course of employment” if you were still performing work tasks. This could be something like injuries at an off-site training seminar or a car crash on the way to a meeting.
Commutes
The “coming and going rule” traditionally says that injuries on the way into or home from work are not covered. This can be overridden if you drive a work vehicle and have some sort of arrangement to consider your commute a part of your work.
It should also cover commuting between work sites, but not the initial drive into work or the final drive home. This rule isn’t just because you are in your private car; the same rule applies to commutes via train, bus, etc.
However, your commute might turn into “work-related” tasks if
- You are doing something for work during your commute, such as preparing presentation notes on the train or taking hands-free client calls from your car or
- If you perform a work-related errand on the way to work, e.g., your employer asks you to pick up office supplies on your way to the office.
Injuries from Horseplay or Illegal Activity
Horseplay is often considered outside the scope of your employment. That means that injuries from pranks or dangerous behavior might not be covered.
Similarly, injuries that stem from illegal activity are not covered. This usually has to be something more severe than a traffic ticket, such as a misdemeanor or felony offense.
Injuries from Drugs and Alcohol
Injuries that are caused by alcohol use or illegal drug use cannot be covered. This might still allow coverage for injuries while you are intoxicated, so long as the cause was something else (negligence, equipment malfunction, etc.) and not the intoxication itself.
FAQs for Injuries “In the Course of Employment” in Pennsylvania
Are Injuries in Another State Covered?
If you primarily work in Pennsylvania, and your job is primarily in Pennsylvania, you should be able to get coverage for injuries that happened out of state. As long as the injuries were still “in the course of your employment,” our Pennsylvania Workers’ Comp lawyers may be able to file your claim here, but every situation is unique.
Are Injuries on Break Covered?
Injuries on break might still be caused by workplace conditions, meaning they should be covered. This is especially common in a “break room” or other designated area for employees to spend time. The same is true of injuries during a lunch meeting, since the meeting was part of your job duties.
Otherwise, if you were away from the physical work property and not serving your employer during your break, it might not be covered.
What if You Discover Your Injuries Outside of Work?
Injuries can still be covered if they happened because of work, but you discovered them after/outside of work. This is most common with repetitive stress injuries and occupational illnesses.
Occupational illnesses, e.g., cancer, can still be part of a claim, as long as the condition becomes disabling or kills the worker within 300 weeks of their last work at that job/in that industry.
How Do You Prove Your Injury Was Work-Related?
Your own testimony can help, as can other eyewitness testimony about the accident. Security footage is also helpful.
However, your doctor must also link the condition or injury to your work conditions and be able to provide a report to the court explaining that the injury was work-related. This is sometimes the biggest point of contention in the case, as each side hires its own medical experts.
Call Our Workers’ Comp Lawyers for Help with Your Pennsylvania Work Injury Case
For a free case review, call Cardamone Law’s Philadelphia Workers’ Compensation lawyers at (267) 651-7945 right away.
