Huber, Book, Lanz & McConkey, PLLC

When is an injury considered to be a compensable workers' compensation injury?

When the injury arises out of and in the course of employment. The term "arising out of" employment means there must be a "causal relationship between the employment and the injury. The "arising out of" element requires that the injury be a natural incident of the work meaning the injury must be a "rational consequence of the hazard connected with such employment." In other words, the injury must not have coincidentally occurred while at work, but must in some way be caused by or related to the working environment or the conditions of . . . employment. Injuries arising out of risks or conditions personal to the employee do not arise out of the employment unless the employment contributes to the risk or aggravates the injury. The words "in the course of" refer to the time, place and circumstances of the injury.

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