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Determining When an Injury Arises Out of Employment

A recent Indiana Court of Appeals case has codified that, under the Indiana Worker’s Compensation Act, an injury arises out of employment when a causal connection exists between the injury sustained and the duties or services performed by the injured employee.  The connection is established when a reasonably prudent person considers the injury to be born out of a risk incidental to the employment.

The Indiana Court of Appeals has held that, for worker’s compensation purposes, risks incidental to employment fall into three categories:

  1. Risks distinctly associated with employment;
  2. Risks personal to the claimant; and
  3. Risks of neither distinctly employment nor distinctly personal in character.

Risks that are distinctly associated with employment and risks of neither distinctly employment nor distinctly personal in character are generally covered under the Act.

Risks personal to the claimant, those caused by a pre-existing illness or condition unrelated to employment, are not compensable under the Act.

Steve Lavallo

Stephen S. Lavallo, a partner at Evansville law firm Kahn, Dees, Donovan & Kahn, LLP, has more than 25 years’ experience in the practice of worker’s compensation defense, business, real estate, and estate planning and administration law; and is a certified civil mediatorFor more information Indiana’s Worker’s Compensation Act or any similar area of law, contact Steve at (812) 423-3183 or SLavallo@KDDK.com, or contact any member of the KDDK Worker’s Compensation Defense Practice Team.