Injuries and Illnesses covered under Workers' Comp

 A primary issue in Workers’ Compensation is determining whether an injury or illness is work-related. Workers’ Comp covers injuries and illnesses "arising out of and in the course of" employment.

Arising out of and in the course of employment

“Arising out of employment” means that the claimant must have been performing an obligation or condition of his/her employment that exposed him/her to the danger causing the injury. If one falls as a result of a previous medical condition which is not related to a danger of the job, it probably will not be considered to have arisen out of the employment.

“In the course of employment” deals with the time and place that the injury occurred. If an injury occurs on the employer’s premises, such as in the parking lot or in the lobby of a building within a reasonable time before or after working hours, then workers’ compensation is likely to be accepted. Under the “personal comfort doctrine” an injury is in the course of employment, for example, when going on a coffee break, going to the restroom, etc.

Specific Injury or Illness

A specific injury or illness occurs as the result of or is caused by a specific event or one-time exposure. The time, place and circumstances surrounding the injury or illness are specific and identifiable.

Cumulative or Repetitive Trauma Injury

A Cumulative or repetitive trauma is a gradual onset of injury or illness caused by repetitive acts or traumas. The most common cumulative trauma claims are back, wrist, hearing loss or psychological claims.