Winter is coming. What if an employee falls in the parking lot while walking in to your workplace? Does that employee have a compensable workers' compensation claim?
NOPE (but wait- there are always exceptions).
In the context of Arkansas workers' compensation claims, whether the employee was performing "employment services" at the time of the injury is the critical factor in determining whether an injury is compensable.
What Are "Employment Services"?
"Employment services" refer to activities that directly or indirectly advance an employer's interests. The interpretation of this concept can make or break a workers' compensation claim, particularly when injuries occur during breaks, on the way to or from work, and before or after an employee officially begins or ends their workday.
For an injury to be compensable, the employee must be within the time and space boundaries of their employment at the time of the injury AND performing duties that benefit the employer in some way. Traveling to and from work generally does not count. This is often called the "going and coming rule." However, the courts have said that this is more like a guideline because there are exceptions and the real question is whether the employee is performing employment services. If the employee is on a work trip or travelling between worksites- the injury is probably compensable. If the employee is on a special mission or is travelling to a site that is not their usual work place at the direction of the employer, an injury may be compensable. Sometimes injuries occur while an employee was deviating from their employment services related route. Injuries that occur during such a deviation are generally not compensable because "employment services" were not being performed. Employees are also (usually) not performing employment services while on a break unless they are required to do something for the employer during breaks or they are "on call."
Key Legal Precedents
Cases decided by the Arkansas Court of Appeals and Supreme Court have helped shape the definition of employment services. Arkansas Courts have ruled that even if an employee is on the employer’s premises, they may not be performing employment services if they haven’t started their actual work duties. For example, if an employee simply arrived at work and entered the building, but had not started working, their actions may not be seen as furthering the employer's interests.
In one important case, an employee was injured while getting a drink before starting their job duties in a call center. The Court ruled that the injury was not compensable because the employee was not performing employment services at the time of the accident. This case shows how strictly the courts can apply the employment services rule- but there are examples to the contrary. Other cases have established that an employee who is required to do something upon arriving to work which furthers the employer's interests is performing employment services. Examples include being required to check in with security, unlocking a gate, disarming a burglar alarm, and even being required to leave through a certain exit.
Why Does It Matter?
Understanding the definition of employment services is crucial for both employers and insurers. The case law in this area has evolved quite a bit throughout the years. For employees, this issue determines whether an injury will be covered under workers’ compensation. For employers, it defines the boundaries of liability for workplace injuries. If an injury occurs on a break, before an employee starts their work duties, or after they conclude- it may fall outside the scope of employment, making it non-compensable. These situations can become complicated and the analysis is usually fact intensive. A case can be won or lost on seemingly mundane details. It is always a good idea to consult with an experienced attorney when deciding whether to deny a claim for a lack of employment services at the time of the injury.
Conclusion
The concept of "employment services" is a vital aspect of Arkansas workers’ compensation law. It sets a boundary for when an employee is considered to be working in a way that benefits the employer. Whether an injury is compensable depends heavily on whether the employee was performing tasks that advanced the employer’s interests at the time of the injury. This nuanced analysis can be the deciding factor in whether a claim is ultimately compensable.
Understanding the legal implications of this concept can help employers navigate Arkansas workers’ compensation claims more effectively. As our workers' compensation laws continue to evolve, the definition of employment services will remain a key issue in determining the outcomes of future claims. As always, it is a good idea to consult with an experienced attorney when a claim appears to have occurred outside of the time and space boundaries of employment or when a claimant was not performing employment services.
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