Section #
44.05
Effective date

 

Policy Purpose

This policy describes one of the key tests that must be met before an injured worker will be entitled to compensation under The Workers Compensation Act (the Act).  Section 4(1) of the Act provides that compensation will be paid if a worker experiences a personal injury by accident arising out of and in the course of employment.

Before a person is entitled to workers compensation, the WCB must therefore determine that:

  • The person is a worker as defined by the Act;
  • The person performs services in an industry that is covered under the Act;
  • The person suffered a personal injury by accident; and
  • The accident arose out of and in the course of employment.

This policy focuses on the reasoning process the WCB uses to determine whether an accident arose out of and in the course of employment. It also explains how and when the WCB applies the presumption found at section 4(5) of the Act.

Previous policy versions
44.05 Arising Out of and in the Course of Employment October 1, 2006 to December 31, 2022

For accidents occurring between the above listed dates.

44.05.20 General Premises For initial decisions on or after April 1, 1995 to December 31, 2022

For accidents occurring between the above listed dates.

44.10.30.10 Drunkenness & Intoxication May 18, 1973 to December 31, 2022

For accidents occurring between the above listed dates.

44.10.30.30 Serious & WIlful Misconduct January 1, 1992 to December 31, 2022

For accidents occurring between the above listed dates.

44.10.50.10 Transportation Controlled by Employer September 9, 1976 to December 31, 2022

For accidents occurring between the above listed dates.

44.10.50.50 Travelling on the Job September 9, 1976 to December 31, 2022

For accidents occurring between the above listed dates.

44.10.50.60 Special Assignment Coverage February 18, 1977 to December 31, 2022

For accidents occurring between the above listed dates.

44.10.60.40 Accidents Occurring in Lunchrooms January 29, 1970 to December 31, 2022

For accidents occurring between the above listed dates.

44.10.70.50 Public Interest Emergency Actions January 1, 2018 to December 31, 2022

For accidents occurring between the above listed dates.