The case Parks v. Mardsen Bldg. Maintenance, 19 Neb.App. 762 (2012), expands the definition of arising out of and in the course of employment to include an employee's trip home to retrieve his forgotten entry card. The court reasoned that "arising out of" includes acts reasonably necessary to perform work along with acts of personal convenience and comfort. But, the court reiterated that an accident does not "arise out of" the employment if it is so substantial a deviation as to constitute a break in the employment which creates a formidable independent hazard.
When an employee is injured while at work or their place of business, there is not much of a question as to whether they were injured in the course of their employment. However, it is not as clear if the employee is injured on a break from work while traveling home or on an errand. In order to qualify for workers compensation benefits the employee's injury must have arisen or occurred in the process of doing work.
To be "in the course of employment" an accident must be:
a) within the period of employment
b) occur at a place where the employee may reasonable by: and
c) while fulfilling work duties or something incidental thereto.
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If you have been injured at work and want to file for Workers' Compensation Benefits, you should consider contacting Angela Madathil. Madathil Law Office specializes in employment and Workers' Compensation law in Nebraska, and offers free consultations.
Madathil Law office serves Nebraska Workers' Compensation clients in Omaha, Lincoln, Lancaster County, Douglas County, Otoe, and Cass County Nebraska. If need a Nebraska Workers' Compensation lawyer, consider contacting Angela Y. Madathil and the Madathil Law Firm.
Contact us at angela@madathil-law.com or by telephone at 402.577.0686. The firm offers free consultations. For more information feel free to look at our website www.madathil-law.com.
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