Document name

Arising Out of and In the Course of Employment

Document number

POL 16/2025

1. The Workers’ Compensation Act, 2013 (the “Act”) defines an injury as all or any of the following arising out of and in the course of employment (Section 2(1)(r)):
   1. The results of a wilful and intentional act, not being the act of the worker,
   2. The results of a chance event occasioned by a physical or natural cause,
   3. A disabling or potentially disabling condition caused by an occupational disease, or
   4. Any disablement.
2. The Workers’ Compensation Board (WCB) has exclusive jurisdiction (Section 20(2)) to determine:
   1. Whether any condition or death was caused by any injury, and
   2. Whether any injury has arisen out of or in the course of employment.
3. The WCB determines if an injury arose out of and in the course of employment based on the real merits and justice of each case (Section 23).
4. Legislated presumptions outlined in the Act indicate that the WCB is to recognize that a set of facts, if met, constitute the necessary requirements for an injury to be considered arising out of and in the course of employment.
5. Section 27 of the Act establishes a general injury presumption which stipulates that unless the contrary is proven, the WCB is to presume the following:
   1. If an injury arises out of a worker’s employment, it is presumed that it occurred in the course of employment.
   2. If an injury occurs in the course of a worker’s employment, it is presumed that it arose out of employment.
6. The Act also contains three specific injury presumptions, that if met, fulfil the necessary requirements of the general injury presumption under Section 27 of the Act. Unless the contrary is proven, the WCB will presume:
   1. A worker who has been found dead at a place where they had a right to be in the course of their employment, has died as a result of an injury arising out of and in the course of their employment (Section 29 and POL 04/2014, Fatalities, Presumption).
   2. A worker who is or has been a firefighter suffers a listed disease, that disease is presumed to be an occupational disease, the dominant cause of which is the employment as a firefighter (Section 28 and POL 16/2024, Injuries – Firefighters).
   3. A worker or former worker who works and has been exposed to a traumatic event that is diagnosed with a psychological injury by a psychiatrist or psychologist, that injury is presumed to be an injury that arose out of and in the course of the worker’s employment (Section 28.1)).
7. While the WCB does not assume any responsibility for a worker’s pre-existing condition, the WCB will determine if a work-related injury resulted in either an aggravation or acceleration of a worker’s pre-existing condition (Section 49).
8. The various circumstances where compensation is payable pursuant to the Act with respect to an injury cannot be addressed under one policy. The policy and the examples included in the procedure are intended as general guidelines only.

1. A worker is entitled to benefits and treatment if their injury arises out of and in the course of employment:
   1. An injury arises out of employment if it is the result of an activity that is reasonably related to, originates from, or is the result of the worker’s employment.
   2. An injury occurs in the course of employment when it happens in a time and place linked to employment and the worker is performing an activity that is reasonably related to, originates from, or is the result of the worker’s employment.
2. The WCB will:
   1. Collect all available and relevant information to use as evidence to make, or help make, a decision,
   2. Make a decision based on the facts (merits and justice) of each claim. Decisions are not bound to follow prior claim decisions or legal precedent, and  
   3. Decide the issue in favour of the worker where evidence in support of the opposite sides of an issue is approximately equal (Section 23(3) of the Act).
3. If one of the conditions in Section 27 of the Act is met (e.g., that the injury arose in the course of employment), it is presumed that the other condition (e.g., that the injury arose out of employment) is met unless, after gathering all available information, there is sufficient evidence to disprove the presumed conditions.
   1. The WCB will use evidence to determine whether it is more likely than not (i.e., standard of proof) a worker’s injury arose out of and in the course of employment. POL and PRO 02/2019, Decision Making, will apply.
4. Guidelines have been developed which outline when the WCB considers that an injury arose out of or in the course of employment, as follows:
   1. Arising out of employment.
   2. Arising in the course of employment.
   3. Delayed onset, non-specific incidents and injury causation.
   4. Entering or exiting employment and rest breaks.
   5. Imported personal hazards.
   6. Travelling.
   7. Temporary lodging.
   8. Working from home (telecommuting).
   9. Recreational activities.
   10. Other employer sanctioned activities or events.
   11. Pre-existing conditions.
   12. Serious and wilful misconduct.
   13. Fatalities.
5. Additional guidelines for the adjudication of certain type of injuries are included in the Decision Making – Injuries section of the Policy and Procedure Manual:
   1. Communicable diseases.
   2. Hearing loss.
   3. Heart attacks.
   4. Hernia.
   5. Occupational diseases.
   6. Psychological injuries.

Arising Out of Employment

6. An injury arises out of employment if it is the result of an activity that is reasonably related to, originates from, or is the result of the worker’s employment.
7. An injury may arise directly out of employment.

   Examples include, but are not limited to:

   1. A cut from machinery.
   2. Inhaling chemicals.
   3. Exposure to a series of traumatic work-related events.
8. An injury may arise indirectly out of employment.

   Examples include, but are not limited to:

   1. Activities related to employment and while the worker was performing employment duties (e.g., the worker is injured because of tripping when walking from one point to another while performing an employment activity), or
   2. An act of violence from a person external to the worker’s place of employment.
9. An injury may arise from repetitive employment activities or exposure to a harmful substance in the workplace.

   Examples include, but are not limited to:

   1. Repetitive strain injuries,
   2. Occupational noise induced hearing loss, or
   3. Exposure to substances such as mercury or asbestos.

Arising in the course of employment

10. An injury occurs in the course of employment when it happens at a time and place linked to employment and the worker is performing an activity that is reasonably related to, originates from, or is the result of the worker’s employment.
11. Time and place are not limited to normal hours of work or the employer’s premises. However, there must be a relationship between:
    1. The time and place of the injury, and
    2. Employment activities.
12. Coverage will be extended if an injury occurs because employment requires the worker to be at a specific time or place, even though the worker may be at the same risk of injury as the general population.

    Examples includes, but are not limited to:

    1. Motor vehicle related incidents,
    2. The external environment (e.g., due to weather conditions, an insect bite while working outside, etc.), or
    3. An act of violence from a person external to employment.

13. Coverage may be extended if an injury occurs when a worker is not performing a specific employment activity but is engaged in a brief interlude of personal activity while in the course of employment and while making reasonable use of the employer’s premises. This interlude may not be considered incidental to a worker’s employment but would be an accepted or allowed brief respite or interval in a work environment and reasonably expected of all workers (e.g., washroom or water break).

Delayed onset, non-specific incidents and injury causation

14. The WCB does not automatically assume that a worker who experiences symptoms or pain at work has suffered an injury arising out of and in the course of employment. In situations where:
    1. An injury or disablement has emerged over time (i.e., delayed onset),
    2. The worker experiences symptoms or pain at work and there is no specific incident, or
    3. The incident is not obvious (i.e., there is no distinct, identifiable incident or exposure).

    The WCB will use evidence to determine whether it is more likely than not (i.e., standard of proof) a worker’s injury arose out of and in the course of employment. POL and PRO 02/2019, Decision Making, will apply.

15. When there are both work-related and non-work-related factors that contribute to an injury, the work-related contribution must be of causative significance in the occurrence of the injury, meaning more than a trivial or insignificant aspect of the injury or disease. The WCB will consider all relevant information to use as evidence, including information provided by the worker, employer, co-workers, and health care providers.

Entering or exiting employment and during rest breaks

16. The WCB considers employer premises to include any location or area directly or indirectly under the employer’s control or provided by the employer. This includes, but is not limited to, the following employment settings:
    1. Any building, location, worksite, or within any areas the worker is required or entitled to be for employment.
    2. Within, or on, any common public areas where the employer owns, leases, or rents space for business purposes or used by workers to enter and exit work or take rest breaks. This includes:
       1. Common or shared entrances and exits to employment in multi-user premises such as a mall or office tower.
       2. Common or shared areas en route to the employer’s place of business such as coffee rooms or shops, food courts, bathrooms, lobbies, stairs, walkways, and elevators.
    3. Parking lots controlled, leased, maintained, owned or provided by the employer, including those where the employer has allocated or arranged parking privileges for workers.
17. The WCB considers a rest break to mean a break permitted under provincial employment standards, a labour agreement, or authorized by the employer (e.g., coffee breaks, lunch break).
18. A worker is considered to be in the course of employment if a link between employment and the worker’s activity can be established.
19. Each situation will be determined on a case-by-case basis. Generally, coverage is provided if any of the following applies:
    1. An injury occurs while the worker is entering or exiting employment or during a rest break,
    2. The injury occurred on what is considered the employer’s premises or the common entrance or exit to employment in a multi-user premise,
    3. The worker was in or crossing these areas in the performance of their work, while entering or exiting employment or during a rest break.
    4. The worker was making reasonable and permitted use of the employer’s premises or access route, or
    5. It was the result of a hazard or condition of the employer’s premises or employer provided equipment.
20. An injury is not covered if:
    1. It resulted solely from an imported personal hazard (see below) and not a hazard or condition of the employer’s premises,
    2. It occurred while the worker was on, or crossing, public property (e.g., sidewalk, street, public parking area, etc.),
    3. It occurred during rest breaks taken off the employer’s premises for personal activities or personal business (including, but not limited to, personal shopping, attending a personal appointment, paying bills, or on a parking lot not under the employer’s control), or
    4. It occurred on a parking lot arranged by the worker (i.e., not considered the employer’s premises).

Imported personal hazards

21. The WCB considers imported personal hazards to include items or situations brought into the workplace by a worker and not under the control of the employer. They are considered risks or situations specific to a worker and do not arise out of employment, unless it is demonstrated that a worker’s employment contributed to the injury.

    Examples include, but are not limited to, personal relationships, food poisoning from a worker’s lunch, injuring a finger in the door of a personal vehicle in the employer’s parking lot, etc.

22. If it is determined that an injury resulted solely from an imported personal hazard and not the result of employment activities, the injury will not be considered to have arisen out of and in the course of employment.
23. If an injury occurs because of an imported personal hazard of another worker, the injury may be considered to have arisen out of and in the course of employment (e.g., allergic reaction to a food item brought into the workplace by another worker, etc.). In these cases, the imported personal hazard is not considered under the control of the injured worker.

Travelling

24. The WCB does not typically cover injuries that occur while a worker travels between their residence and work. However, coverage is provided when the travel is under the employer’s control or employer-directed and part of the worker’s employment activities. Each situation will be determined on a case-by-case basis, considering the following.
    1. Under the employer’s control:
       1. The WCB considers travel under the employer’s control if the employer:
          1. Pays for or provides the mode of transportation (e.g., vehicle, bus, airplane, etc.), or
          2. Pays the worker for any time spent travelling or for any mileage (e.g., in a personal vehicle or employer provided vehicle).
    2. Employer directed:
       1. The WCB considers travel to be employer directed if any of the following apply:
          1. It is a specific requirement of employment (e.g., transporting goods, field staff, etc.),
          2. The worker is travelling to a work site from an employer-designated pickup location,
          3. The worker is required to travel between work sites during and outside normal work hours, or
          4. The worker is expected to respond to an emergency call. Coverage begins from the time the worker is notified of the emergency and includes travel to and from the emergency site. POL 01/2016, Injuries – Responding to Work-Related Emergencies, will apply.
25. If a worker’s travel is determined to be under the employer’s control or employer-directed:
    1. Coverage applies if the worker was travelling on a practical and reasonable route to the work site and
    2. Coverage will also be extended to basic comfort needs (e.g., rest stops and meals) that are practical and reasonably close to the route of travel. Each situation will be considered on a case-by-case basis.
26. Injuries that occur during travel may also be covered in the following situations:
    1. If the worker responds to an emergency situation encountered in the course of employment. POL 07/2009, Injuries – Workers Acting as Good Samaritans, will apply.
    2. If the worker is injured while travelling as a union delegate. POL 03/1998, Coverage – Trade Unions, will apply.

Temporary lodgings

27. The WCB may provide coverage for injuries that occur while a worker is staying in temporary lodgings if:
    1. Paid for or reimbursed by the employer (e.g., hotel accommodations), or
    2. Provided by and under the employer’s control at distant or remote work locations (e.g., bunkhouse or campsite that is leased, owned, or rented by employer and considered an extension of the workplace).
28. If the lodging is paid for by the employer or is under the employer’s control, coverage is extended to injuries that occur:
    1. As a result of a hazard or condition of the temporary lodgings, and
    2. While the worker was making reasonable and permitted use of lodging facilities for employment purposes or activities reasonable for daily living (e.g., common areas, bedrooms, dining, and laundry facilities).
29. Coverage is not extended to fitness facilities in temporary lodgings, unless the worker was performing a recreational activity required for, or consistent with, their employment, or the injury occurred within an employer provided recreational facility (see recreational activities below).

Working from home (telework, telecommuting, e-work)

30. Telework (also referred to as telecommuting or e-work) refers to a flexible work arrangement under which a worker performs employment activities from an approved workplace other than the employer’s premises. Typically, this will mean the employer has authorized the worker to work from their home.
31. When participating in telework, either on a permanent or temporary basis, a worker is considered to be in the course of employment, provided that:
    1. The worker was directed or authorized by their employer to work from home, and
    2. The injury occurs:
       1. While performing an activity reasonably related to their employment,
       2. Within the defined or designated workspace as authorized by the employer (i.e., in a place where the worker might reasonably have been expected to be while engaged in work-related activities), and
       3. During hours when the worker would normally be expected to work.
32. Coverage is not extended to:
    1. Occasional situations when a worker brings work home on their own initiative and not directed by the employer, or
    2. Injuries resulting from imported personal hazards not related to normal employment activities or outside the designated workspace.

Recreational activities

33. A recreational activity includes any physical activity for the purpose of physical fitness or for volunteer or community activities.
34. Required by employment:
    1. Injuries resulting from a worker performing a recreational activity during employment are considered to have arisen out of employment if all of the following apply:
       1. The activity is a requirement of employment (i.e., to maintain a mandated level of physical fitness) or consistent with the type of employment,
       2. The injury occurred during normal work hours, which includes during rest breaks,
       3. The injury occurred at a facility or location provided or approved by the employer, and
       4. The injury occurred during reasonable and permitted use of the facility or designated location.
    2. These injuries will be covered if the injury is:
       1. The result of the recreational activity (e.g., sprain while running), or
       2. The result of:
          1. A hazard or condition of the premises, or
          2. Equipment provided by the employer.
35. Not required by employment:
    1. Where the recreational activity is not compulsory or a requirement of employment, the WCB will cover injuries if all of the following apply:
       1. The injury is the result of a hazard or condition of the recreational facility (e.g., broken exercise equipment),
       2. The recreational facility (e.g., gym) is provided and controlled by the employer, and
       3. The employer allows workers to use the facility during or outside of normal work hours.
    2. An injury that occurs during a voluntary recreational activity is not covered if:
       1. It is the sole result of the recreational activity (e.g., stretching, straining a muscle while lifting weights or dropping a weight on a body part), or
       2. It did not occur in a facility provided and controlled by the employer, even if the employer paid for the activity, selected, or approved the location.
36. An injury that occurs during recreational activities may not be covered if it is the result of a worker’s serious and wilful misconduct (see serious and wilful misconduct section below) or an imported personal hazard.

Other employer sanctioned activities or events

37. Injuries that occur during employer sanctioned events (e.g., wellness or social events, training and educational courses, conferences) may be considered to have arisen out of employment if the activity or event was being performed at a location approved or designated by the employer and:
    1. The employer directed the worker to participate, or approved the worker’s participation in the activity or event, or
    2. The activity or event is a requirement of the worker’s employment (i.e., compulsory).
38. Each situation will be determined on a case-by-case basis.

Pre-existing conditions

39. The WCB considers a pre-existing condition to be a non-work-related medical, physical or psychological condition that existed prior to a work-related injury. The existence of the condition must be medically confirmed, either pre-injury or post-injury, and may have been evident prior to the occurrence of the work injury or it may become evident afterwards.
40. Entitlement for a work-related injury will not be denied due to the existence of a pre-existing condition, even though it may have increased the possibility that the worker would sustain an injury or it was a factor in an injury occurring. However, the WCB will only compensate for the effects of a work injury and does not assume responsibility for any pre-existing condition the worker may have.
41. Whether or not a pre-existing condition exists, the WCB will determine if a new distinct injury arose out of and in the course of employment by considering the adjudication principles above:
    1. If an injury occurred while the worker was performing an activity that was reasonably related to, originated from, or was the result of their employment.
    2. If an injury happened in a time and place linked to employment and the worker was performing an activity that was reasonably related to, originated from, or was the result of their employment.
42. A pre-existing condition or disease may be aggravated or accelerated by an accepted work-related injury. In such cases, POL and PRO 12/2017, Pre-Existing Conditions – Aggravation or Acceleration, will apply.

Serious and wilful misconduct

43. A worker is not entitled to benefits if an injury is attributable solely to the serious and wilful misconduct of the worker, unless it results in death or serious functional impairment (POL 08/2017, Serious and Wilful Misconduct).
44. A worker may be entitled to benefits if the injury is the result of the serious and wilful misconduct of another person, if it is determined the worker was a non-participant (i.e., innocent bystander). Coverage for these types of claims will be determined based on whether the worker was in the course of employment at the time of injury.

Fatalities

45. If a worker is found dead on the employer’s premises, the WCB will presume the death arose out of and in the course of employment, unless the contrary is proven (POL 04/2014, Fatalities, Presumption).

Appeals

46. All decisions are subject to reconsideration. If a worker or employer disagrees with a claim decision, they may request a reconsideration or submit an appeal. POL 23/2014, Reversing Decisions, and POL 21/2013, Appeals – Claims, will apply.