Legal Definitions - special-hazard rule

Special-Hazard Rule

The special-hazard rule is an exception to the general principle that injuries sustained by an employee while traveling to or from work are typically not covered by workers' compensationinsurance.

This rule applies when an employee is injured on a route that:

• Contains unique or unusual risks and hazards directly related to accessing the employer's premises.
• Is not ordinarily used by the general public, but rather serves primarily as an access point for the employer or its operations.

In such cases, the journey to or from work is considered to have a direct connection to the employment due to these specific, employer-related dangers, making the injury potentially compensable.

Here are some examples illustrating the special-hazard rule:

• Example 1: Industrial Plant Access Road

  An employee works at a chemical processing plant situated deep within a private industrial complex. The only access road to the plant is unpaved, poorly lit, and frequently traversed by large, slow-moving industrial vehicles carrying hazardous materials. This road is not open to the general public and is maintained by the industrial complex management. One morning, while driving to work on this specific access road, the employee is involved in an accident with an industrial forklift.

  Explanation: This scenario illustrates the special-hazard rule because the employee was injured on a private access road with unique industrial hazards (heavy industrial traffic, hazardous materials, poor lighting) that are not typically found on public roads. The road's primary purpose is to serve the industrial complex, not the general public, linking the hazard directly to the employment context.

• Example 2: Remote Research Facility Driveway

  A research scientist is employed at a high-altitude astronomical observatory located on a remote mountain peak. The only way to reach the observatory is via a steep, winding, privately maintained gravel road that is prone to rockslides and is not regularly cleared of snow and ice during winter months. This road is gated and restricted to observatory personnel and authorized visitors. While driving home from a night shift, the scientist's vehicle skids on an icy patch on this private road and goes off the embankment.

  Explanation: This situation falls under the special-hazard rule because the injury occurred on a private road with inherent, unique dangers (steep grades, rockslides, unmaintained winter conditions) directly associated with accessing the remote workplace. The road is not a public thoroughfare, and its hazards are specific to the employer's isolated location, making the commute an integral part of the job's risk.

• Example 3: Airport Operations Area Transit

  An aircraft maintenance technician works for an airline at a major international airport. Their designated parking lot is located within the secure, restricted-access "airside" operations area of the airport. To get from their parked car to the hangar where they work, the technician must walk across active taxiways and service roads where aircraft are constantly moving and ground support equipment operates. One day, while walking this route, the technician trips over an unmarked piece of ground equipment left on the service road and sustains an injury.

  Explanation: This example demonstrates the special-hazard rule because the technician's commute within the airport's secure perimeter involves navigating an area with unique and inherent hazards (active aircraft movement, ground equipment, restricted access) not encountered by the general public. The route is specific to their employment within the airport's operational zone, directly linking the injury to the special risks of their workplace environment.