Social Welfare Consolidation Act 2005 section 72

Extension of meaning of references to accidents arising out of and in the course of employment

Section 72 sets out the circumstances in which an accident is treated as arising out of and in the course of employment for occupational injury benefit purposes.

  • An accident occurring during employment is presumed to arise out of that employment unless there is evidence to the contrary.
  • Accidents caused by third-party misconduct, animals, or being struck by objects or lightning qualify as work-related, provided the employee did not contribute through conduct outside their employment.
  • An accident remains work-related even if the employee was breaking rules or acting without instructions, provided the activity was for business purposes.
  • Special provisions extend coverage to commuting accidents, emergency rescue situations on work premises, and apprentices attending approved training.

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