Proving Course and Scope of Employment In Pa. Work Injury Workers Compensation Casesm

Date: October 18, 2011
Posted In: DLP Law

         In Pennsylvania, courts have determined that a work injury may be sustained in the “course of employment” under Pa. Workers’ Compensation Act where the employee is injured on or off the employer’s premises while actually engaged in furtherance of the employer’s business or affairs. The key issue in assessing a work injury case is whether the employee was “actually engaged in the furtherance of the business or affairs of the employer” which is usually expressed as “in the course of employment”. An activity that does not further the affairs of the employer will take the employee out of the course and scope of employment and may serve as a basis for denial of the workers’ compensation work injury claim.

         An injury may be sustained in the “course of employment,” under the Pa. Workers’ Compensation Act, where the employee, although not actually engaged in the furtherance of the employer’s business or affairs: (1) is on the premises occupied or under the control of the employer or upon which the employer’s business or affairs are being carried on, (2) is required by the nature of his employment to be present on the employer’s premises, and (3) sustains injuries caused by the condition of the premises or by operation of the employer’s business or affairs thereon.        

Disclaimer: The above article is for instructive purposes only and each case is fact sensitive.  Consultation with an attorney should be obtained instead of reliance upon the legal issues discussed in this column. 

Tom Cummings
Thomas P. Cummings has been a Partner with Dougherty Leventhal & Price, LLP since 1996 and has been with the firm since 1991. He focuses his practice on workers’ compensation, Social Security Disability and personal injury cases.