The injured worker has the burden to show that the injury occurred in the “course and scope” of employment. This can be established in several ways. For instance, the employee can show that while either on or off the employer’s premises, he was injured while engaged in furtherance of the employer’s business or affairs. Also, the employee can show that while he was not actually engaged in the furtherance of the employer’s business or affairs, he was injured while:
–(A) is on the premises occupied or under the control of the employer, or upon which the employer’s business or affairs are being carried out;
–(B) required by the nature of his employment to be present on his employer’s premises;
–(C) suffers injuries caused by the condition of the premises or by operation of the employer’s business or affairs upon the premises.
If you’ve suffered a work injury and have questions about your claim, contact me at email@example.com or call (570) 347-1011 for a free consultation.
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.