Here workers compensation attorney Joe Miller explains the often-misunderstood and baffling concept of risk of employment, otherwise known as the requirement that a worker’s injury “arise out of” employment. As he explains, Virginia employs the “actual risk” test, meaning that what caused you to be injured must have been associated with some risk or hazard that you were exposed to due to your employment. A risk to which the public is equally exposed, such as tripping on non-defective stairs or simply over your own feet does not qualify, and workers in those circumstances will unfortunately not have a case. There are, however, possible exceptions that can often be carved out, depending on the specific facts of your case. Accordingly, please don’t just take the adjuster’s word for it. If you or a loved one have been injured at work in VA or NC, please do not hesitate to give us a call. Also, as Joe explains, this is not as much of an issue in NC. NC does not apply this concept as strictly as VA. In most cases, any slip-trip or fall is going to qualify as an accident arising out of employment in NC.
