In the era of remote work, lots of questions have arisen about what “arising out of and in the course of employment” encompasses. N.C. GEN. STAT 97-2(6) (Current through 2024).
In the course of employment, “refers to the time, place and circumstances of the accidental injury.” Roman v. Southland Transp. Co., 350 N.C. 549, 552 (1999). Being physically “clocked in” is not necessarily required to have a workers’ compensation claim. North Carolina courts have said that “the course of employment begins a reasonable time before actual work begins and continues for a reasonable time after work ends, this includes intervals during the work day for rest and refreshment.” Maurer v. Salem Co., 266 N.C. 381 (1966). In less legalize, you get some time before and after work and your breaks count.
The “coming and going” rule has long been the standard for workplace accidents off the clock. This rule provides that injuries occurring during the travel to and from work are not compensable. This rule does not apply when still on the employer’s premise, if the employee is making a special errand within his job duties, if the employee is a traveling salesman or other related role, and if the employer provides the transportation or the covers the cost of transportation. Typically, the entrance to your place of work, the parking lot owned or controlled by the employer, and possibly adjacent areas are also exceptions to this rule and may injuries occurring here may be covered. However, there is a lot of litigation surrounding these complex legal issues and consulting a Board Certified Expert is warranted .
For employees that are required to travel for work, there may be questions of what is “work.” This is not a new legal issue, and courts have continued to hold that work that requires “travel away from the employer’s premises are within the course of their employment continuously during such travel, except when there is a distinct departure for a personal errand.” Cauble v. Soft-Play, Inc., 124 N.C. App. 526, 528 (1996). Meaning, essentially the entirety of the time you are on a work trip an injury would be covered. Certainly, there are always exceptions, but this is intended to provide on general guidance. Call or contact us for more details.
What if you were off the clock and not even doing a work-related activity? This is a relatively new issue that has left courts divided without conclusive answers. Christmas parties, work socials, company athletic events, all may fall within the course of employment. Though not fully adopted into law, The North Carolina Supreme Court has considered the following factors in determining if employer sponsored events are within the course of employment:
1. Did the employer sponsor the event?
2. To what extent was attendance really voluntary?
3. Was there some degree of encouragement to attend?
This may be shown by:
a. Taking a record of attendance
b. Paying for the time spent
c. Requiring the employee to work if he did not attend
d. Maintaining a known custom of attending
4. Did the employer finance the occasion to a substantial extent?
5. Did the employee regard it as an employment benefit to which they were entitled?
6. Did the employer benefit from the event through tangible advantages (not just to better morale?) Frost v. Salter Path Fire & Rescue, 361 N.C. 181, 187 (2007).
North Carolina courts have included employer sponsored laser tag and leaving dinner on a work trip are included. Other cases have come out the complete opposite. You are not alone in trying to figure out if your workplace injury is covered by workers’ compensation. The legal analysis on potential cases in this arena calls for an Expert in the field. Call Maggie!
If you were injured off the clock or are unsure whether your injury was during the course of employment, we would encourage you to contact us to schedule a free consultation with Attorney/Owner, Maggie Shankle. At Shankle Law Firm, we can help educate you on your rights, as well as other components surrounding your injury and treatment.