All risks causing injury to employees can be brought within one of three claims:
- Risks that are distinctly associated with employment;
- Risks that are personal to the claimant;
- “Neutral risks,” which have no particular employment or personal character.
The first are almost always compensable. These are injuries that happen on the job and are connected with one’s job performance. The second are typically not compensable, though there are exceptions. These would be injuries like choking while eating your lunch or suffering a seizure at work that wasn’t caused by anything work-related.
Then there are neutral risks. These often garner the most controversy when it comes to courts weighing workers’ compensation benefits. Generally, these are injuries that will generally be covered if they occur on business property, and may be covered if they occur off the property, assuming the risk to complainant is higher than that experienced by the general public due to his or her employment. An act of God may be considered a neutral risk.