Workers’ Compensation Attorney in Las Vegas Discusses 3 Types of Risk
When it comes to on-the-job risk, a workers’ compensation attorney in Las Vegas can help you determine where your case may fall. There are three main types of workers’ comp risk:
- Compensable risk: risks that are related directly to the job and/or the type of employment. For example, a painter who falls off a ladder while painting a ceiling or a roofer who falls off the roof making a repair
- Personal risk: while the risk may not be related directly to the job, the person suffers injury or illness while at work. An example could be a worker who suffers a stroke at work. Most likely the job didn’t cause the stroke but the worker still became ill on the premises. Personal risks are not usually compensable.
- Neutral risk: neutral risks have nothing to do with the job or personal issues. A neutral risk may depend upon the jurisdiction and the circumstances surrounding the injury to determine whether it is compensable. Examples of neutral risk include being struck by lightning while you walked from your car in the company’s parking lot to the building, being assaulted while on the job or being stung by a bee at work (and you are allergic to bee stings).
If you’ve been injured at work, contact a leading workers’ compensation attorney in Las Vegas
to determine which type of risk applies to you. Call GGRM Law Firm at 702-388-GGRM (4476).
Workers’ Compensation Attorney In Las Vegas: Neutral Risk Explained
When it comes to determining if the injury was compensable, a workers’ compensation attorney in Las Vegas will need to first ascertain location and/or jurisdiction. If the employee was injured or killed on or from his or her way to work, workers’ compensation may not be applicable because the incident did not occur on the employee’s property. However, if as an employee you were involved in an auto accident while conducting company business, you may be covered.
A famous case demonstrating compensable neutral risk is Reich v. A. Reich & Sons Gardens, Inc.
, 485 S.W. 2d 133 (Mo. Ct. App. 1972). An employee was struck by lightning and died from his injuries while standing next to several vehicles in a wheat field. The court determined that the employee’s risk of being struck by lightning was greater than other employees, who were inside cars or buildings so the death was deemed to be compensable.
Still wondering if your injury is considered to be compensable? Contact a leading workers’ comp attorney in Las Vegas
at Greenman, Goldberg, Raby and Martinez Law Firm. Call 702-388-GGRM (4476).