The Special-Hazard Rule states that employees who sustain injuries while traveling to or from work on a route with special risks or dangers are eligible for workers’ compensation. This rule applies only if the route is not typically used by the public, unless the employee is commuting to work for the same employer. It differs from the standard rule that excludes coverage for injuries occurring outside of work.
The special-hazard rule in workers’ compensation states that if an employee encounters unique risks or hazards while traveling to or from work, they may be covered for any injuries sustained. This rule applies when the employee takes a route that is not typically used by the public, except when dealing with the employer. For instance, if an employee has to drive on a dangerous mountain road to reach a remote construction site, the special-hazard rule may apply if they get injured during their commute. Similarly, if an employee has to cross a busy highway without a pedestrian crossing to get to work and gets hit by a car, the special-hazard rule may also apply. This rule is an exception to the general rule that employees are not covered for injuries that occur during their commute. It acknowledges that certain employees may face unique risks and hazards during their travel to work that are not encountered by the general public.
The Special-Hazard Rule is a legal principle that holds property owners responsible for protecting individuals from known hazards on their property.
A special hazard is any condition on a property that poses an increased risk of harm to individuals, such as a hidden danger or an unusual risk.
Property owners are required to take reasonable steps to warn individuals of special hazards on their property and to take measures to prevent harm from occurring.
Reasonableness is determined based on the specific circumstances of each case, including the likelihood of harm, the severity of the potential harm, and the burden of taking precautions.
Yes, if a property owner fails to fulfill their duty to protect individuals from known special hazards, they can be held liable for any resulting injuries.
There may be exceptions to the Special-Hazard Rule, such as when the individual was trespassing or engaged in reckless behavior that contributed to their injury.
Evidence such as witness testimony, documentation of previous incidents, and expert opinions can be used to demonstrate that a property owner was aware of a special hazard and failed to address it.
In some cases, a property owner may still be held liable if it can be shown that they should have been aware of the special hazard through reasonable diligence.
Seek medical attention for your injuries and consult with a personal injury attorney to discuss your legal options for seeking compensation.
Regularly inspect your property for potential hazards, promptly address any known dangers, and clearly warn individuals of any special hazards that cannot be immediately remedied.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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