One of the first questions in any Workers Compensation case is whether the employee was within the scope of their employment at the time of the workplace injury. Most of the issues arise when the employee is going to work, leaving work, may or may not be on an errand for the boss, or was on a sales call but was on the way home. There are a number of different fact scenarios that we see in these cases. Sometimes you can be working one instant but start doing something else that will take you out of the scope of your employment when you are injured. In the case below, it was an issue that apparently was litigated as to whether a bored employee who decided to horseplay was in the scope of employment when he hurt himself while at work. The employee prevailed.
