Legal Definitions - actual-risk test

The actual-risk test is a legal standard used in workers' compensation cases to determine if an employee's injury qualifies for benefits. Under this test, an injured employee must demonstrate that their injury was directly caused by a risk inherent to their job or workplace environment, and that the injury occurred while they were performing their job duties or otherwise engaged in activities related to their employment. Essentially, it requires a clear, provable connection between the work performed and the injury sustained.

Here are some examples illustrating the actual-risk test:

• Example 1: Office Environment

  Maria, an administrative assistant, slips on a recently mopped, unmarked wet floor in her office building's hallway while walking to a meeting. She falls and breaks her ankle.

  This scenario illustrates the actual-risk test because the wet floor represents an actual risk present in her workplace environment. Her injury occurred while she was performing a routine work activity (walking to a meeting) within the course and scope of her employment. Therefore, under the actual-risk test, her injury would likely qualify for workers' compensation because it arose from a workplace risk during her work hours.

• Example 2: Mobile Job Duties

  David, a commercial truck driver, is involved in a multi-vehicle collision on the highway while transporting goods for his employer. He sustains several broken ribs and internal injuries.

  In this case, driving a truck and navigating highways are inherent parts of David's job, and traffic accidents are an actual risk associated with these duties. The collision occurred while he was actively performing his job responsibilities (transporting goods) during his work shift. This situation clearly demonstrates that his injury arose from a risk directly related to his employment and occurred within its scope, satisfying the actual-risk test.

• Example 3: Off-Site Work Assignment

  Sarah, a marketing specialist, is attending an industry trade show in another city on behalf of her company. While helping to dismantle the company's display booth at the end of the event, she strains her back lifting a heavy equipment case.

  Attending and setting up/dismantling booths at trade shows are required parts of Sarah's job, even though it's not her everyday office routine. Lifting heavy equipment is an actual risk associated with this specific work duty. Her injury occurred while she was actively engaged in a task directly related to her employment at a location required by her job. This illustrates how the actual-risk test applies even when the work is performed away from the primary workplace, as long as the injury arises from a risk of the job and occurs within its scope.