Asked in InsuranceLabor and Employment LawWorkers CompensationBusiness Law
When is worker eligible to claim workmen's compensation?
February 04, 2011 8:22PM
By definition, a covered employee is entitled to workers compensation benefits if he/she was injured within the course and scope of employment. Fault by the employer is not an issue--it is a form of strict liability which, historically, was developed as an alternative to employees suing employers who may have been at fault.
One of the primary exceptions to coverage (other than the injury not being within the course and scope of employment) is "horseplay". In general, this contemplates activities such as roughhousing--which is not considered to be within the course and scope of employment.