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Home » Workers' Compensation » Responding to An Emergency: Positional Risk Doctrine in Workers’ Compensation

Responding to An Emergency: Positional Risk Doctrine in Workers’ Compensation

September 18, 2017 by Kendall Mills

Responding to An Emergency: Positional Risk Doctrine in Workers’ Compensation

According to Florida Statute 440.092(3) injuries are compensable (where a carrier must provide medical and money benefits) if the employment places an employee in a position that requires him or her, by ordinary standards of humanity, to respond to an emergency.  The idea behind this doctrine was to encourage employees to undertake humanitarian acts designed to prevent or minimize harm to the public.

In a Florida Supreme Court Case, D. L. Cullifer and Son, Inc. v. Martinez, 572 So. 2d 1360 (Fla. 1990), an employer asked an employee to help move a disabled car from the highway.  When the employee did so, the employee was injured in the process.  The court held “when an employee, during his employment, perceives an imminent danger to the public, such as an obstruction in the roadway, an endeavor to alleviate the danger should be considered incidental to his employment.”  This doctrine does not require the emergency act to be so dire or desperate as to be an act that saves lives.  It can also be applicable when an employee is injured when trying to save property.

In cases where a person is injured at work responding to an emergency, the court is looking for two factors: 1) was the deviation an emergency and 2) was the emergency designed to save life or property.

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To request an in-person free consultation at Harris Guidi Rosner, call 904-777-7777 or click our Jacksonville Workers Compensation page for more information. Visit our Jacksonville Workers Compensation Attorney page to learn about our team.

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Kendall Mills

Kendall Mills

A Florida native, Kendall has been a Workers' Compensation Attorney for over 17 years. She is an attorney with the Jacksonville Law Firm of Harris Guidi Rosner, P.A.. Kendall has lectured at numerous seminars, including continuing education classes for workers’ compensation claims professionals and she is certified by the Florida Department of Insurance as an instructor in Florida Workers’ Compensation.
Read Kendall's full bio
Kendall Mills

Latest posts by Kendall Mills (see all)

  • Reporting Work-Related Injuries in Florida - April 30, 2019
  • When Is it Time to Hire a Workers’ Compensation Attorney? - August 29, 2018
  • Social Media and your Workers’ Compensation Case - May 17, 2018

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HARRIS, GUIDI, ROSNER, P.A.

1837 Hendricks Ave
Jacksonville, FL 32207

Phone (Call or Text): 904-777-7777
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