Arising out of employment addresses causal connection to work risks, while in the course of employment addresses time, place, and circumstances. Both elements must be satisfied for compensability.
The going and coming rule excludes ordinary commuting.
Alternative Names:
Arising Out of and In the Course of Employment|Arising Out Of Employment
Why it Matters?
The two elements do different work and a claim may satisfy one without the other, which is why analyzing them separately rather than as a single question identifies defenses. An injury at the workplace during work hours satisfies course of employment but may not arise out of it where the risk was personal rather than occupational. Idiopathic conditions and personal errands are the recurring contexts where the distinction matters.
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Frequently asked questions
Why analyze the elements separately?
Does commuting qualify?
