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Simple English definitions for legal terms
actual-risk test
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A quick definition of actual-risk test:
The actual-risk test is a rule that says if an employee gets hurt while working, they can only get workers' compensation benefits if they can prove that the injury happened because of their job. This means that the injury must have happened while the employee was doing something related to their work, and not because of something else.
A more thorough explanation:
The actual-risk test is a legal principle that determines whether an employee is entitled to receive workers' compensation benefits. According to this doctrine, an injured employee must prove that the injury occurred while performing work-related duties and was caused by the employment.
For example, if a construction worker falls from a scaffold while working on a building, the injury is considered work-related and is covered by workers' compensation. However, if the same worker falls from a scaffold while on a break and not performing work-related duties, the injury may not be covered.
The actual-risk test is used to determine whether an injury is work-related and whether the employee is entitled to receive compensation for medical expenses, lost wages, and other damages resulting from the injury.