What Does “Course of Employment” Mean?

What Does “Course of Employment” Mean?

When you’re injured on the job, the pain and confusion can be overwhelming. Suddenly, you’re unable to work, medical bills are piling up and you’re facing an uncertain future. Amidst the stress, you have to navigate a confusing legal process to seek your entitled workers’ compensation. One common question workers come across is what “course of employment” is and how it can affect their claim. Understanding this term is crucial because it can influence whether your workers’ compensation claim is approved or denied. 

At Waple & Houk, PLLC, we’ve worked alongside many employees seeking compensation for their injuries. Our team will break down what “course of employment” means in North Carolina, helping you understand the elements that make up this premise:

• Activities related to job duties: “Course of employment” includes tasks and responsibilities that are directly related to the work you were hired to perform.
• Time and location of the incident: Typically, the injury must occur during work hours and at a location where you are expected to be as part of your job.
• Employer authorization: Actions taken with the employer’s consent or while using employer-provided tools or equipment are typically considered within the “course of employment.”
• Work-related purposes: The activity should serve a legitimate work-related purpose, even if it is not part of your usual daily tasks.

The Key Criteria for “Course of Employment”

For a workplace injury to be covered by workers’ compensation in North Carolina, it must meet a two-part test. The injury must:

1. Arise out of employment: This means there must be a direct link between your job duties and the injury. For example, a construction worker falling from a ladder clearly suffers an injury that arises out of their employment.
2. Occur in the course of employment: This refers to the time, place and circumstances under which the injury happened. The general rule is that you must have been injured while performing your work duties during work hours and at a location sanctioned by your employer.

Simply put, you must prove that your job not only put you in the position to be injured but was also the cause of your injury.

What Qualifies as an “Accident”?

Another critical piece of a successful claim is proving that your injury resulted from an “accident.” Under North Carolina law, an accident is defined as an unusual, unexpected or unforeseen event that interrupts your normal work routine.

This distinction is important. If you sustain an injury while performing your regular job duties in the usual way, insurance companies will often argue it wasn’t an “accident” and deny the claim. For example, if a warehouse worker hurts their shoulder during a routine part of their job, such as while lifting a box, the insurer might dispute it. However, if that same worker trips over an unexpected object on the floor while carrying the box and injures their back, that interruption qualifies as an accident.

It is important to note that injuries to the back DO NOT require a showing of an unexpected or unforeseen event, those injuries simply require a showing of a specific event that resulted in an immediate onset of pain or discomfort.

Why Insurance Companies Challenge Claims

You might assume that if you were hurt at work, you’re automatically covered. Unfortunately, that’s not always the case. Insurance companies are businesses, and their goal is to minimize payouts. They will look for any reason to deny a claim, and scrutinizing the “course of employment” is a common tactic.

They may argue that:

• Your injury didn’t result from an “accident.”
• You weren’t performing a work-related task when the injury occurred.
• The injury happened outside of your work hours or location.

After an injury, you’re in pain and disoriented. It’s easy to describe the incident in a way that an insurance adjuster can use against you. A simple misstatement can have devastating consequences for your claim, leaving you to cover medical bills and lost wages on your own.

Protect Your Rights and Secure Your Future

Understanding the legal definition of “course of employment” is the first step, but navigating the claims process on your own can be a difficult fight. Insurance companies employ legal teams specifically to safeguard their financial interests. You deserve to have an advocate on your side, too. An experienced workers’ compensation attorney can help you take steps to protect your rights.

If you’ve been injured at work and are worried about your claim, don’t face the insurance companies alone. Waple & Houk, PLLC, is here to help you understand your options and fight for the compensation you deserve. Contact us today for a consultation.