TEXAS WORKERS COMPENSATIONCOURSE AND SCOPE OF EMPLOYMENT
If you are injured at work in Texas and your employer is a subscriber to the Texas Workers’ Compensation system, your claim will be handled through the Texas Department of Insurance, Division of Workers’ Compensation.
Although your employer will have a say in how your claim is handled, most claims are handled through an insurance company or a third party administrator. They will investigate your claim and determine if they will deny or accept your claim.
There are many obstacles to overcome when dealing with a Texas Workers’ Compensation claim. One of the earliest deals with the issue of course and scope. They will ask, did the injury occur while in the course and scope of the injured workers’ employment? Only injuries which occur in the “Course and Scope” of employment are covered by the Texas workers compensation policy.
The Texas Labor Code defines Course and Scope as “an activity of any kind or character that has to do with and originates in the work, business, trade, or profession of the employer and that is performed by an employee while engaged in or about the furtherance of the affairs or business of the employer.” This definition allows for a pretty broad scope of activities to be covered. However, there is a lot of case law which helps to define “activity” and “furtherance of the affairs”.
If there are questions regarding the course and scope of a particular activity, make sure to consult with a person experienced in Texas Workers’ Compensation law. Just because the insurance company denies your claim because they claim that you were not in the course and scope of your employment, make sure that you consult with an attorney to understand your rights.