AOE/COE are abbreviations used for injuries “Arising Out of Employment” or occurring during the “Course of Employment". "AOE" involves the nature of the risk an employee was subjected to at the time of their accident. “COE” concerns time, place and activity. In other words, when did the accident happen, at what time, where was the employee and what was the employee doing? If an employee is on the employer’s premises during work hours performing job duties or engaged in activities benefitting the employer, almost any risk will be considered to be an employment risk.

An employee’s claim may be denied however, if he or she is injured:

• intentionally by him or herself

• deliberately, causing his or her own death

• while under the influence

• by starting a fight

• while committing a felony

• while engaging in pranks

• on a lunch break

These are some examples where the employee caused their own injury through intentional actions as opposed to directly being injured through the risk of performing tasks related to their employment.

An AOE/COE investigation is used to determine whether the employee’s alleged injury was work-related, whether the injury was non-industrial or affected by third parties, and whether an employee’s injuries are covered by workers’ compensation. If an employee has been injured, it is critical to conduct a thorough investigation immediately to preserve evidence and document the facts of a work-related injury before memories deteriorate. It is important to document statements to prevent the injured employee from conspiring with co-workers to make their injury appear work-related and before they are coached by a workers’ compensation attorney.