We use cookies to improve security, personalize the user experience,
enhance our marketing activities (including cooperating with our marketing partners) and for other
business use.
Click "here" to read our Cookie Policy.
By clicking "Accept" you agree to the use of cookies. Read less
Understanding the Positional-Risk Doctrine and Its Legal Significance
Definition & Meaning
The positional risk doctrine is a legal principle that determines whether an injury is considered to arise from employment. According to this doctrine, an injury is deemed to be work-related if the employee was required to be at the location of the injury due to their job duties at the time the injury occurred. This principle is often applied to assess whether an accident is connected to the worker's employment.
Generally, if a worker is injured due to a normal risk that does not relate to their job, the injury is not covered by workers' compensation. However, if the worker's job places them in a position that exposes them to greater risk"either through continuous exposure or an unusual amount of exposure"then the injury may be considered work-related.
Table of content
Legal Use & context
The positional risk doctrine is primarily used in workers' compensation cases. It helps determine if an employee's injury is compensable under state laws. This doctrine is relevant in various legal contexts, including:
Users can manage their claims using legal templates offered by US Legal Forms, which are designed by qualified attorneys to assist individuals in navigating the complexities of workers' compensation law.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: An office worker is injured by a falling object while walking to their car in the company parking lot. Since the worker was required to be in that location due to their job, the injury may be covered under the positional risk doctrine.
Example 2: A delivery driver is shot by a stray bullet while making a delivery. If the driver was in that location due to their job, the injury may be compensable, as the employment placed them in a position of increased risk. (hypothetical example)
State-by-state differences
Examples of state differences (not exhaustive):
State
Positional Risk Doctrine Application
Alabama
Recognizes the positional risk doctrine in workers' compensation cases.
Colorado
Also applies the doctrine, particularly in cases involving neutral risks.
California
May apply the doctrine, but with specific criteria for coverage.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Positional Risk Doctrine
Injury occurs due to the conditions of employment placing the worker in a specific location.
Going and Coming Rule
Injuries occurring while commuting to or from work are generally not compensable.
Neutral Risk
Risks that are not specific to the employee or their job, such as random acts of violence.
Common misunderstandings
What to do if this term applies to you
If you believe your injury falls under the positional risk doctrine, consider taking the following steps:
Document the circumstances surrounding your injury, including time, place, and any witnesses.
Report the injury to your employer as soon as possible.
Consult with a legal professional to understand your rights and options.
Explore US Legal Forms for ready-to-use legal templates to assist with your claim.
Complex cases may require professional legal assistance to navigate effectively.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.