Summary: Under the workers compensation and employers liability insurance policy, the insurer agrees to pay promptly when due the benefits required of the insured-employer by the workers compensation law. The workers compensation law will vary, depending on which particular state is listed in the policy. However, regardless of which state's law governs the payment of workers compensation benefits, the parties to the workers compensation insurance contract can rely on, at least, two basic principles: the employee must suffer an injury and this injury must arise out of and in the course of employment.

What does it mean to say that an injury must arise out of and in the course of employment? This article discusses some of the factors that determine which injuries arise out of and in the course of employment, and which do not.

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