Most state laws use exactly the same words, or almost exactly the same words, to describe those injuries that are compensable: such injuries must be caused by accidents on the job or while working in the company. If anyone is injured on the job getting help from the Fremont Workers Compensation Lawyer is the best option to consider. However, before filing for workers compensation one should know who could apply and who are eligible for this benefit. It is fairly obvious that these words mean the accident must be job-related in some way. Given the tremendous variety of circumstances involved in the millions of industrial accidents that have occurred over the years, however, these few innocent-sounding words have given rise to a large body of law produced by administrative agencies and courts as they review the peculiarities of individual cases. It must be emphasized that the formula has two different parts, both of which must be satisfied if the accident is to be compensable. Even though "arising out of' and "in the course of may sound virtually the same, they definitely have not been interpreted that way by most agencies and courts.€Arising out of is a requirement of causation in fact by an employment- related risk, whereas "in the course of' is a requirement of causation in time, place, and circumstances of employment.
Difference between Employment Risk and other Risk
Arising out of' means that the accident should be caused by a risk which distinctly, closely and directly related with the employment. The terms "employment risk," "neutral risk," and "personal risk" to illustrate the spectrum of possibilities that exists with regard to the causation of an accident. If the risk is directly, noticeably or intimately associated with the employment (perhaps all three mean approximately the same thing), it is an employment risk and the accident is always compensable.
If the risk is not linked with the employment however with the employee's own individual activities, it is a personal risk and the accident is never compensable. If the risk does not clearly originate either in employment or in personal activities, it is a neutral risk, and further, finer distinctions must be made to determine whether the accident is compensable. Only those who are injured on the job due to the negligence of the employer or if the employer does not take any safety measures for the employees that affected the health of the employee, in such situation one could file for compensation claim. However, a Fremont Workers Compensation Lawyer would always be very beneficial.