Legal Definitions - actual-risk test

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.