What Does It Mean To Be Hurt At Work?

A recent article in Business Insurance magazine discussed a workers’ compensation decision in Pennsylvania. The judge ruled that an employee who had just quit was entitled to workers’ compensation when he was injured while cleaning out his work van.

In Delaware the Industrial Accident Board uses the language “within the course and scope of employment”.

Ed Carter, a partner at Kimmel Carter with more than 37 years of workers’ compensation experience, says, “While different states have different workers compensation laws, a generally-accepted principle is that the ‘course and scope of employment’ begins when you arrive on the work premises and ends when you leave the work premises.”

In the Business Insurance story, the ex-employee had tripped and fallen over something in the parking lot while being escorted to clean out his delivery truck. The court ruled that his actions in the parking lot were still within the course and scope of employment. “Injuries that occur while on work premises, either coming or going from work, are generally within the scope of workers’ compensation,” Mr. Carter explains, “this is known as the Premises Rule under Delaware law.”

Do you know whether your injury was work-related under the law? Kimmel Carter has been dedicated to Delaware workers’ compensation law for more than 40 years. Call us for a free consultation at (302) 565-6100.