At some point, nearly every employer will have an employee report an injury and seek treatment under a workers compensation policy. Every US State has "industrial insurance" or workers compensation laws that define the benefits payable to the injured worker (NRS 616 in Nevada). The benefits afforded to an injured worker can vary from state to state. However, there is one critical concept to which every state agrees: to be covered by workers compensation insurance (or self-insurance) the employee injury or illness must arise out of and in the course and scope of employment.
To understand this concept further, let's examine the meaning of "arise out of and in the course and scope of employment". In simplistic terms this concept dictates that:
Using the "course and scope" rule we can examine each claim and determine if workers compensation coverage might apply:
Remember too that employers are protected by exclusive remedy laws. However, exclusive remedy does not preclude the injured employee from pursuing a claim against a third-party. For example, the electrical employee that fell from the ladder may pursue a defective product case against the ladder manufacturer. The employee that was injured by a slip and fall accident in a restaurant may pursue a premises liability claim. The errant driver on the site seeing excursion may have a valid auto liability claim against another driver. Lastly, the two employees that punched-out their differences may file lawsuits against each other for personal injury.
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