Arising Out of Employment

Bits & Pieces

Definition

The "arising out of employment" requirement addresses the causal connection between employment and injury. An injury arises out of employment when the employment exposes the worker to a risk that contributes to the injury.

Elements

1. Employment created or contributed to the risk.
2. The injury resulted from that risk.
3. A sufficient causal connection exists between employment and injury.

Majority Rule

Most jurisdictions require that the employment contribute to the risk of injury in some meaningful way.

Common Exceptions

• Purely personal risks
• Self-inflicted injuries
• Injuries unrelated to employment

Leading Cases

• O'Leary v. Brown-Pacific-Maxon, Inc.: An employee drowned while attempting to rescue stranded individuals near an employer-provided recreation facility in Guam. The U.S. Supreme Court ruled that the death was compensable because the rescue effort was reasonably related to the conditions of employment and arose out of and in the course of employment.
• Cardillo v. Liberty Mutual Insurance Co.: The U.S. Supreme Court interpreted the Longshore and Harbor Workers' Compensation Act broadly, emphasizing that compensation statutes should be liberally construed in favor of coverage. The decision remains influential in determining causation and jurisdiction under federal workers' compensation laws.
• New York Central R.R. Co. v. White: The U.S. Supreme Court upheld New York's workers' compensation statute against constitutional challenges from employers. The Court held that states may replace common-law negligence remedies with a no-fault compensation system, effectively validating modern workers' compensation laws throughout the United States.

Practice Pointers

The central question is not whether the injury occurred at work, but whether work contributed to the risk that produced the injury.

Related Doctrines

• In the Course of Employment
• Positional Risk
• Increased Risk

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