Employment Law Questions? Ask an Employment Lawyer.
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Yes, generally when an injury arises out of work and during the course of work, regardless of where you are working, that is a worker's compensation injury. Now, the employee bears the burden of proving that the injury occurred while they were working for the company in question, and this can sometimes become an issue of argument. That being said, it absolutely can be found to be work related.
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I'm assuming then that you are the employer.
You can argue that it is not work related, but if he was doing work for the company, then it can count as a worker's compensation injury.
Now, if he had gotten off work at 5 and was injured on the way home, not working on anything for the company, then it doesn't apply. But when an employee is doing work for the company, regardless of where they are or what time it happens to be, it can be a work related injury. Nothing in WC law requires it to be a workplace injury.
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