When does an injury arise out of, or in the course of, employment?
Posted October 3, 2014 3:08 pm
The Workers Rehabilitation and Compensation Act 1988 (Tas) (‘Act’) provides that an employer is liable to pay compensation to a worker if: the worker suffers an injury, which arises out of or in the course of his employment; or the worker suffers an injury, which is a disease,[1] to which his employment contributed to a substantial degree, in that it was the major or most significant factor. This paper considers the first test: whether an injury has arisen out of, or in the course of, a workers employment. The answer is often obvious; however some factual settings may cause uncertainty as to whether an injury is work related, and therefore compensable.